Washington. Law favors policyholders in COVID fights, 9th Circ. Said

By Ben Zigterman (February 8, 2022, 6:04 PM EST) – Two Seattle-area restaurants have asked the Ninth Circuit to apply Washington State law to their COVID-19 coverage lawsuit against Oregon Mutual Insurance Co., arguing that a district court would have sided with them had it done so.

Nue LLC and Hillbro LLC said in their opening briefs Monday that a lay reading of the phrase “direct physical loss” supports loss of use coverage.

They also argued that the phrase was undefined and ambiguous, citing Washington state court rulings in COVID-19 lawsuits in favor of a casino and beer hall.

“Of the four Washington State judges to…

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