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The Fifth Circuit has ruled in a Louisiana case that income that a New Orleans jewelry chain lost while being closed due to pandemic orders were not the result of "direct physical loss."
The Ninth Circuit has ruled in Palmomar Health v. American Guarantee and Liability Ins. Co., No. 21-50673 (9th Cir. July 28, 2022) that losses due to the presence of coronavirus particles
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Federal Court Advances COVID-19 Business Income Suit Despite Virus Exclusion A federal district court in Virginia has ruled that a spa’s COVID-19-related business income loss lawsuit can move forward despite a virus exclusion in its insurance policy. The United States District Court for the Eastern District of Virginia, Norfolk Division, denied a motion to dismiss by the spa’s insurer, calling the matter “ripe for judicial determination.” Since 2016, Elegant Massage LLC has owned and operated Light Stream Spa, which provides therapeutic massages in Virginia Beach, Va. On July 22, 2019...