A newly published decision by California's Court of Appeal in a case brought by San Francisco's John's Grill represents a major win for businesses over insurers in the Covid era.John's Grill, Inc. vs. Hartford Financial Services Group
Andrew Kirtley, part of the team of lawyers representing John's Grill in the case for Cotchett, Pitre & McCarthy LLP, said the new ruling has implications for potentially thousands of businesses around California.
"The test for illusory coverage must focus on objective reality and the insured's reasonable expectations of coverage," wrote the court."Insurers cannot take in premium for a coverage grant that names a specifically covered risk — here virus contamination — and then justify denying coverage for it under all circumstances because some other risk may be covered under the same coverage grant.
"You think, am I losing my touch here? But you just got to press on," he said."You're fortunate when you get an opinion that absolutely vindicates everything that you've been arguing."substantial
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