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8th Circ. COVID Ruling Kills Goodwill s Appeal, Insurer Says
Law360 (July 9, 2021, 8:29 PM EDT) A central Oklahoma Goodwill failed to show how it was physically damaged by COVID-19 orders, Philadelphia Indemnity Insurance Co. argued in its appellate brief comparing the nonprofit s case to one that was rejected earlier this month in the first appellate decision on a coronavirus coverage suit.
In its brief to the Tenth Circuit, the insurer argued that, like the policyholder in the Eighth Circuit decision, the Oklahoma nonprofit didn t suffer direct physical loss of or damage to its property, as required by its policy. While plaintiff s ability to do business was restricted temporarily, plaintiff remained in possession of its property, which.
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