Cinemark Holdings, Inc. v. Factory Mutual Insurance Co.

Court: 5th Cir  08/06/2024  Technical or Scientific Damage Caused by COVID-19 Does Not Constitute Physical Loss or Damage

The Fifth Circuit Court of Appeals affirmed summary judgment granted by district court in favor of commercial property insurer, holding it was bound by its own precedent that COVID-19 does not cause physical loss or damage to property, regardless of scientific evidence that COVID-19 alters indoor air and surfaces.

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breach of duty of good faith and fair dealingbreach of contractsummary judgmentcommercial property policyCOVID-19physical loss or damageTex. Ins. Code 541 claimsTex. Ins. Code 542 claims

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