STORY FROM: COVID-19 Litigation Report

Seattle Restaurant Urges Denial of Insurer’s Bid to Dismiss COVID-19 Coverage Action

SEATTLE — A Seattle restaurant is urging a Washington federal judge to deny Oregon Mutual Insurance Co.’s bid to dismiss its lawsuit seeking coverage for COVID-19 business losses, arguing that the policy defines “loss of” or “damage to” covered property, as understood by the average lay person.

In a June 15 reply filed in the U.S. District Court for the Western District of Washington, Nue LLC contends that because it experienced a complete loss of functionality of covered property, and because it is reasonable to read “loss of” or “damage to” covered property as covering loss of functionality — as ...

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