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ActiveReproductionCourt decisionSecondary sourceSource ID another-planet-2024

Another Planet Entertainment, LLC v. Vigilant Insurance Company, No. S277893 (Cal., opinion filed May 23, 2024)

Published by Opinion of the Supreme Court of California; opinion text read on FindLaw, a Thomson Reuters commercial host. Jurisdiction CA.

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  • The page presents the opinion of the Supreme Court of California in Another Planet Entertainment LLC v. Vigilant Insurance Company, docket No. S277893, decided May 23, 2024.

    claim another-planet-2024#c1

  • The certified question presented was whether the actual or potential presence of the COVID-19 virus on an insured's premises can constitute direct physical loss or damage to property for purposes of coverage under a commercial property insurance policy.

    claim another-planet-2024#c2

  • The court answered that the actual or potential presence of COVID-19 on an insured's premises generally does not constitute direct physical loss or damage to property.

    claim another-planet-2024#c3

  • The court stated that direct physical loss or damage to property requires a distinct, demonstrable, physical alteration to property.

    claim another-planet-2024#c4

  • The court stated that the alteration need not be visible to the naked eye and need not be structural, but it must result in some injury to or impairment of the property as property.

    claim another-planet-2024#c5

  • The insured, Another Planet Entertainment, operated venues for live entertainment including concerts, festivals, and events at locations in California and Nevada.

    claim another-planet-2024#c6

  • The page identifies the underlying federal appellate proceeding by the reporter citation Another Planet Entertainment, LLC v. Vigilant Insurance Co. (2022) 56 F.4th 730.

    claim another-planet-2024#c7

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A live entertainment company sought commercial property coverage for pandemic losses, and the case turned on the meaning of direct physical loss or damage

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Reviewer notes

Published: 2024-05-23 Effective: 2024-05-23

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