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Turek Enterprises, Inc. v. State Farm Mutual Automobile Insurance Co.

Court: Other  08/03/2020  Eastern District of Michigan Dismisses COVID-19 Case for Lack of "Accidental Direct Physical Loss"

The court determined that the insurance policy at issue required "accidental direct physical loss," which amounted to "tangible damage," and no such damage existed in support of the insured's loss of income and extra expense claims. The court also found that, even if such damage existed, the "fungi, virus or bacteria" exclusion would apply to negate coverage.

commercial property insurance policy, loss of income, extra expense, COVID-19, motion to dismiss, FRCP 12(b)(6), accidental direct physical loss, civil authority, "fungi, virus or bacteria" exclusion

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