California Supreme Court Watch

#23-145 Santa Ynez Band of Chumash Mission Indians of the Santa Ynez Reservation California v. Lexington Insurance Company, S280353. (B320834; 90 Cal.App.5th 1064; Santa Barbara County Superior Court; 20CV01967.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court ordered briefing deferred pending decision in Another Planet Entertainment, LLC v. Vigilant Insurance Company, S277893 (#23-36), which presents the following issue: Can the actual or potential presence of the COVID-19 virus on an insured’s premises constitute “direct physical loss or damage to property” for purposes of coverage under a commercial property insurance policy?

Petition for review granted; briefing deferred: 7/12/2023

Dismissed and remanded to CA 2/6: 7/10/2024

See the Court of Appeal Opinion.