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ADVERTISEMENT Clinics Tell 9th Circ. Droplets, Not Virus, Caused Damage Law360 (July 27, 2021, 7:25 PM EDT) Two clinics told the Ninth Circuit that their insurance coverage disputes over pandemic-related losses should be revived, arguing that California federal judges erred when rejecting the clinics arguments that human respiratory droplets caused physical damage to their properties. HealthNow Medical Center Inc. and Karen Trinh s dental clinic said in separate filings on Monday that State Farm General Insurance Co. wrongfully denied coverage based on the application of their policies virus exclusions. The exclusions did not apply, the clinics explained, because their properties were damaged by human respiratory droplets, not a virus. ....
Health your username December 29, 2020 On Monday, Judge Beth Freeman issued an opinion in a case addressing business loss insurance’s limitations regarding virus exclusion clauses and the framing of claims to avoid these limits. This suit was decided in the Northern District of California. In the suit, the dental practice of Dr. Karen Trinh, DDS, filed suit against State Farm after filing an unsuccessful business interruption claim against its policy. The second amended complaint alleged seven causes of action, including breach of contract due to unprocessed claims regarding accidental direct physical loss and loss of income under the policy, breach of covenant of good faith and fair dealing, bad faith denial, declaratory relief, unjust enrichment, unfair competition, and injunctive relief. Each of these claims was premised on COVID-19 and the limitations placed on businesses due to government stay-at-home orders. While the plaintiff “creatively attempted to re ....