In its amicus brief, United Policyholders urges the Colorado Supreme Court to reverse the Court of Appeals majority’s ruling in Spectrum, which imposed a judicially created “complete uninhabitability” requirement for coverage under standard all-risk commercial property insurance policies. UP argues this requirement has no basis in the policy language, contradicts the Colorado Supreme Court’s nearly 60-year-old precedent in Western Fire, conflicts with case law nationwide, and produces perverse results by penalizing essential businesses that were legally required to remain partially open during the COVID-19 pandemic. UP further argues that whether an airborne toxin such as a virus can cause physical damage to property is a fact-intensive scientific question that courts cannot resolve against a plaintiff at the pleading stage.
Spectrum Retirement Communities, LLC, et al. v. Continental Casualty Company
Year
2026
Court
Supreme Court of Colorado
Case Number
2025SC433
Issue
- COVID-19
State
- Colorado
Allan B. Moore and Jad H. Khazem of Covington & Burling LLP; Stephen B. Shapiro and Garth A. Gersten of Otteson Shapiro LLP