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La. Supreme Court to Hear Appeal of Rare Policyholder Victory in COVID Claim

Claims Journal

  • November 23, 2022

The Louisiana Supreme Court has agreed to review an appellate court decision that found the COVID virus caused a direct physical loss that was covered by insurance.

The Louisiana high court announced Tuesday that it will take up an appeal filed by a Lloyd’s of London syndicate against Cajun Conti, owner of the Oceana Grille in New Orleans. The court directed the insurer to file a brief by Dec. 19 and the restaurant owner until Jan. 6 to file its response.

. . .

Marshall Gilinsky, a policyholder attorney with the Anderson Kill law firm in Boston, had a different view.

“For 60 years prior to the pandemic, the vast majority of courts, including in Louisiana, held that there is ‘physical loss or damage’ where property is impacted by dangerous substances yet suffers no structural damage,” he said in an email. “We are hopeful that the Louisiana Supreme Court will adhere to that well-reasoned precedent in deciding Cajun Conti, like the Court of Appeal did.”

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