Thanks for the mention, Jim. IMHO, I don’t think KC Hopps will carry much weight in other federal district courts because:
>> it was decided under MO/KS law;
>> a good number of courts, both federal and state, have already held that the mere presence of the SARS-CoV-2-virus does not cause physical loss or physical damage; and
>> a good number of courts, mostly federal, have rejected the argument that the probable presence of the SARS-CoV-2 virus contaminates an indoor environment to the point it makes the premises extremely dangerous and unusable and, therefore, a “physical loss”.
I was impressed, however, with Judge Bough’s correct reference throughout his decision to the virus as SARS-CoV-2 rather than COVID-19. I gave up months ago pointing out that most judges incorrectly referred in their decisions to the virus as COVID-19. COVID-19 is the disease caused by SARS-CoV-2.
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Thanks for the mention, Jim. IMHO, I don’t think KC Hopps will carry much weight in other federal district courts because:
>> it was decided under MO/KS law;
>> a good number of courts, both federal and state, have already held that the mere presence of the SARS-CoV-2-virus does not cause physical loss or physical damage; and
>> a good number of courts, mostly federal, have rejected the argument that the probable presence of the SARS-CoV-2 virus contaminates an indoor environment to the point it makes the premises extremely dangerous and unusable and, therefore, a “physical loss”.
I was impressed, however, with Judge Bough’s correct reference throughout his decision to the virus as SARS-CoV-2 rather than COVID-19. I gave up months ago pointing out that most judges incorrectly referred in their decisions to the virus as COVID-19. COVID-19 is the disease caused by SARS-CoV-2.