The insurer says at 9th Circ. COVID suit of the recent Bars Eateries decision

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By Shane Dilworth (October 25, 2021, 8:58 p.m. EDT) – Affiliated FM Insurance Co. told the Ninth Circuit that a prosecution of COVID-19 coverage of an Outback Steakhouse franchisee is prohibited by the recent court ruling that Another retailer was not covered for physical loss or damage when they lost access to their property due to shutdown orders.

The insurer argued in a filing Friday that the appeals court decision earlier in October in Mudpie Inc. v. Travelers Casualty Insurance Co. of America “excludes” the arguments of the Outback One West Restaurant Group Inc. franchisee for coverage. In Mudpie, the Ninth Circuit found that physical alteration is necessary for there to be direct physical …

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