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BAXTER SENIOR LIVING v. ZURICH AM.INSURANCE

Supreme Court No. S-18541.

556 P.3d 757 (2024)

BAXTER SENIOR LIVING, LLC, Plaintiff, v. ZURICH AMERICAN INSURANCE CO., Defendant.

Supreme Court of Alaska.

September 27, 2024.

Attorney(s) appearing for the Case

William M. Banskton, John R. Crone, and Suzanne A. Adler, Bankston Gronning Brecht P.C., Anchorage, for Plaintiff.

David M. Schoeggl, Michael B. Baylous, and Erika A. O'Sullivan, Lane Powell LLC, Anchorage, Patrick F. Hofer, Clyde & Co. US LLP, Washington, D.C. Jared K. Clapper, Clyde & Co. US LLP, Chicago, Illinois, for Defendant.

Laura A. Foggan, Crowell & Moring LLP, Washington, D.C. and Eva R. Gardner, Ashburn & Mason, P.C., Anchorage, for Amicus Curiae American Property Casualty Insurance Association.

Before: Maassen, Chief Justice, and Carney, Borghesan, Henderson, and Pate, Justices.

OPINION

I. INTRODUCTION

We accepted two certified questions from the United States District Court for the District of Alaska. The District Court asked: (1) Can the presence of the COVID-19 virus at an insured property constitute "direct physical loss of or damage to" the property for the purposes of an insurance...

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