9th Cir. Certifies Virus Exclusion Question to Calif. Supreme Court

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals has asked the California Supreme Court to resolve the question of whether a virus exclusion in a property insurance policy is unenforceable because it would render the policy’s virus coverage provision meaningless.

In a COVID-19 coverage action filed by the owner of two Michelin-starred restaurants, the appellate panel, on Feb. 6, explained that resolution of the question could determine the outcome of the action, adding “there is no controlling precedent.”

French Laundry Partners, LP operates two Napa County, Calif., fine dining restaurants. After the COVID-19 pandemic began in early 2020, …