Wis. Indian Tribe Loses Battle for COVID-19 Coverage in Federal Court

SAN FRANCISCO — A federal judge has dismissed a Wisconsin Indian Tribe’s COVID-19 coverage action, ruling that its businesses did not sustain “direct physical loss or damage” because of COVID-19 contamination or government closure orders.

In an Aug. 23 order, Judge William Orrick of the U.S. District Court for the Northern District of California found that while the Tribe plausibly pled that COVID-19 contaminated its properties, it failed to show that the virus and related government closure orders caused a direct physical loss.

The Menominee Indian Tribe operates several businesses in Keshena, Wis., including the Thunderbird Complex — a mini …