August 31, 2021
On August 20, 2021, Justice Belobaba partially certified this action as a class proceeding, against all Defendants except for the Lloyd’s Defendants, on three “Common Issues”. The Common Issues concern how “physical loss or damage” language in business interruption insurance policies should be interpreted.
The Plaintiffs will now proceed to trial on behalf of the Class to determine the Court’s answers to three certified Common Issues. Once the trial of these Common Issues is resolved, the Plaintiffs can proceed to certify any remaining common issues and proceed to try those.
A copy of the complete Certification Order is available here.
Notice of certification and opt-out procedures will be posted on this website when they are available.