Plan Check Downtown III v. AmGuard Insurance Co.

Court: Other  09/16/2020  Central District of California Dismisses Insured's COVID-19 Coverage Action because of Lack of Direct Physical Loss of Property

The court found that the insured's focus on "loss" in the phrase "direct physical loss of" property could not carry the day, as California law requires some tangible alteration of the property in order for coverage to exist.

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motion to dismissbusiness interruptionFRCP 12b6business income lossdirect physical loss of or damage to propertyCommercial property insurance policy

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