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Data Privacy Law
The meaning of “direct physical loss” has been the central issue in the nationwide struggle over coverage for COVID business insurance losses that property insurers and U.S. businesses have waged since March 2020. Interestingly, the Ohio Supreme Court’s decision in EMOI relied significantly on Santo’s Italian Café, L.L.C. v. Acuity Ins. Co., 15 F.4th 398, 402 (6th Cir. 2021), a leading federal appellate decision holding that loss of use or functionality without physical damage to property is not a covered “direct physical loss” in the context of COVID business interruption claims. Can it be that the COVID virus coverage cases are fated to cross-pollinate with these computer virus disputes?
Michael Aylward is a Partner at Morrison Mahoney LLP. Contact him at: maylward@morrisonmahoney.com.
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FDCC ANNUAL FIVES 2023