Litigation has already started and courts in Michigan, New York, Texas and Washington, D.C. have already ruled in favor of the insurance industry in four decisions. In stark contrast, only one Missouri court refused to dismiss a similar suit on procedural ground as opposed to the merits.

For example, in Gavrilides Management, the court granted the insurer’s motion for summary judgment holding for coverage to exist, the insured’s business interruption must be caused by direct physical loss of or damage to property. The court, relying upon dictionary definitions and case law, wrote that the common meaning of direct physical loss to property has to be something with material existence, that is tangible and that alters the physical integrity of the property.

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