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Westlaw News

Judge identifies key questions for Society Insurance COVID-19 MDL litigators

The federal judge in charge of the Society Insurance business-interruption coverage MDL on Monday identified two clauses in Society’s policies, and told attorneys to be ready to address them on Thursday at a hearing on three bellwether motions.

U.S. District Judge Edmond Chang in Chicago pinpointed the requirement of a “direct physical loss” to trigger coverage under the Society Businessowners Policy, asking the lawyers to discuss whether losses from COVID-19 are both “direct” and “physical.” He also flagged the policy’s “period of restoration” limitation, under which benefits cease once the property is or could have been “repaired, rebuilt or replaced.”

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