9th Cir. Certifies COVID-19 Property Damage Coverage Question to California Supreme Court

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals has certified to the California Supreme Court the question of whether the actual or potential presence of the COVID-19 virus on an insured’s premises can cause “direct physical loss of or damage” for insurance purposes.

On Dec. 28, the appellate panel explained that given the split of authority among California appellate courts, certification of the question is appropriate.

Plaintiff Another Planet Entertainment LLC is an independent operator and exclusive promoter of concerts, events, and festivals at various California venues. The company suspended operations beginning in March 2020 in compliance with …