California State Court Grants Demurrer in Favor of Insurer: COVID-19 Does Not Constitute Physical Loss

August 25, 2020

Authors: Paul S. White, Siobhán A. Breen

In the California state court’s transcript dated August 4, 2020, the plaintiffs argued that since coronavirus was on the premises, there was a physical loss of or damage to the premises. California Mutual Insurance asserted that irrespective of why the business shut down, there was no direct physical damage to the property that caused the plaintiffs’ business income loss. In the court transcript, Judge Villarreal analyzed case law regarding physical loss and damage and stated that “I am not sure that COVID [sic] creates that physical change.”  

Read the Order.

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