U.S. Court of Appeals for the Tenth Circuit in Denver, Colorado. (Photo: Google) 10th Circuit Joins Sister Courts in Holding Presence of COVID-19 Does Not Constitute 'Direct Physical Loss or Damage'
"As an initial matter, whether COVID-19 causes direct physical loss or damage under a property insurance policy is an open question in Colorado," Judge Timothy M. Tymkovich said. "Relying on relevant precedent from Colorado and other jurisdictions, we answer that question in the negative and conclude Sagome was not covered."
January 05, 2023 at 10:40 AM
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The U.S. Court of Appeals for the Tenth Circuit joined many other courts in concluding that a restaurant's financial losses during the COVID-19 pandemic were not covered under its insurance policy because the presence of the virus on its property did not constitute "direct physical loss or damage."
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