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US – Court rules that Snoqualmie Indian Tribe qualifies for COVID-closure payouts

By - 8 September 2021

The Snoqualmie Indian Tribe will be paid business interruption insurance via its policy with FM Global for losses accrued through the COVID-closures, according to a court ruling in a Washington state.

The tribe had a $150m ‘all-risk’ policy and so subsequently filed a claim with Affiliated FM but was told the insurance would only cover the $100,000 sublimit within the policy’s communicable disease section as there was no physical loss or damage to the casinos.

The judge ruled: “Because the phrase ‘all risks of physical loss or damage’ is stated in the disjunctive, the term ‘physical loss’ must mean something other than ‘damage’.”

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