Daily Journal Interviews Kirk Pasich on Representation of Another Planet Entertainment in COVID Coverage Dispute Against Vigilant Insurance Co.
Organizations representing commercial policyholders and insurance companies have filed a host of briefs with the California Supreme Court as it considers a coverage question from the 9th U.S. Circuit Court of Appeals – “Can the actual or potential presence of the COVID-19 virus on an insured’s premises constitute ‘direct physical loss or damages to property’ for purposes of coverage under a commercial property insurance policy?”
In an interview with Daily Journal, Partner Kirk Pasich, who represents concert promoter Another Planet Entertainment in its dispute with Vigilant Insurance Co., said that a ruling against his client could be “the death knell for coverage claims.”
The case has drawn eleven amicus curiae briefs filed by entities such as Major League Baseball, American Pizza Kitchen Inc., the San Manuel Band of Mission Indians, Oregon Mutual Insurance Co. and the California Fair Plan Association.
Businesses siding with Another Planet Entertainment say the absence of a virus exclusion in its insurance policy is significant because insurers have long known that standard-form physical loss or physical damage language covered events like the property rendered dangerous by a virus.
Vigilant Insurance obtained an extension to October 5, 2023, to reply to the briefs. Pasich told Daily Journal he would file a response as well.
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