Okla. Supreme Court Sides with Insurers in Cherokee Nation COVID-19 Coverage Action

OKLAHOMA CITY — The Oklahoma Supreme Court has ruled that the Cherokee Nation is not entitled to coverage for economic losses it incurred when it temporarily closed its properties due to the threat of COVID-19 because there was no “direct physical loss or damage” of property.

In a Sept. 13 opinion, a court majority found an Oklahoma state judge erred in finding business interruption coverage when Cherokee Nation did not sustain immediate, tangible deprivation or destruction of property.

The majority reasoned that the common usage of the term "damage" is a lesser harm than "loss,” but both "loss" and "damage" …