Selane Products, Inc. v. Continental Casualty Company
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 21-55123
In its amicus curiae brief, UP supports an insured’s petition for rehearing in the context of coronavirus-related business income losses. UP’s brief argues three main points: (1) the Panel misapplied the Civil Authority Endorsement in the insured’s policy; (2) decades of case law confirm that the presence of viruses and other noxious or deadly substances can cause physical loss of or damage to property; and (3) the dismissal of the insured’s claims at the pleading stage ran afoul of the longstanding Erie doctrine by relying heavily on other federal court decisions as opposed to the decisions of California state courts.
John Ellison, Richard Lewis, Amber Finch, Nicolas Pappas, Katherine Ellena of Reed Smith