Yager's Adm'r v. President of Bank of Kentucky

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the phrase “direct physical loss or damage” “unambiguously[] requires some form of actual, physical damage to the insured premises”
• holding that the phrase “direct physical loss or damage” “unambiguously[ ] requires some form of actual, physical damage to the insured premises”
• concluding that “direct” and “physical” unambiguously do not include a “forced closure of the premises for reasons exogenous to the premises themselves, or the adverse business consequences that flow from such closure.”
• holding that the “critical policy language here—‘direct physical loss or damage’—similarly, and unambiguously, requires some form of actual, physical damage to the insured premises to trigger loss of business income and extra expense coverage.”
• explaining that “repair” and “replace” in period of restoration clause “contemplate physical damage to the insured premises as opposed to loss of use of it”
• noting that the policy term “requiring ‘physical loss or damage,’ does not require that the physical loss or damage be tangible, structural or even visible.”

Source: CourtListener parenthetical corpus (CC0).