This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

California Supreme Court,
Contracts,
Insurance

Aug. 12, 2024

California Supreme Court addresses ‘illusory’ doctrine in new insurance decision

The California Supreme Court’s decision in John’s Grill, Inc. v. Hartford Financial Services Group, Inc. addresses the applicability of the illusory coverage doctrine in insurance cases related to COVID-19, particularly focusing on virus-related exclusions and specified causes of loss.

Kirk A. Pasich

Partner, Pasich LLP

Insurance defense litigation, entertainment

1100 Glendon Ave Fl 14
Los Angeles , CA 90024-3518

Phone: (424) 313-7850

Fax: (310) 500-3501

Email: kpasich@pasichllp.com

Loyola Law School

Shutterstock

On Aug. 9, 2024, the California Supreme Court rendered its decision in John’s Grill, Inc. v. Hartford Financial Services Group, Inc., 2024 DJDAR 7524 (2024). The decision is another addressing insurance for losses associated with COVID-19. However, this decision does not address the primary question in so many COVID-19 insurance cases—whether the presence of SARS-CoV-2 can constitute “direct physical loss or damage to property” under a prop...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails