California Supreme Court Watch

#23-36 Another Planet Entertainment, LLC v. Vigilant Insurance Company, S277893. (9th Cir. No. 21-16093; 56 F.4th 730; Northern District of California; D.C. No. 3:20-cv07476-VC.) Request under California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: “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?”

Request for certification granted: 3/01/2023

Case fully briefed: 7/03/2023

Cause argued and submitted: 3/05/2024

See the Order Certifying Question to the California Supreme Court.

See the Oral Argument.