10th Circ. Joins Sister Courts in Holding Presence of COVID-19 Does Not Constitute 'Direct Physical Loss or Damage'

“As an initial matter, whether COVID-19 causes direct physical loss or damage under a property insurance policy is an open question in Colorado,” stated Judge Timothy M. Tymkovich. “Relying on relevant precedent from Colorado and other jurisdictions, we answer that question in the negative and conclude Sagome was not covered.”

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