No. 21-1358

Goodwill Industries of Central Oklahoma, Inc., dba Goodwill Career Pathways Institute v. Philadelphia Indemnity Insurance Company

Lower Court: Tenth Circuit
Docketed: 2022-04-18
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure covid-19 covid-related-claims direct-physical-loss erie-doctrine federalism insurance insurance-coverage state-law state-law-interpretation
Latest Conference: 2022-06-02
Question Presented (from Petition)

Whether federal courts are violating Erie R. Co. v. Tompkins, 304 U.S. 64 (1938), as well as principles of federalism, in uniformly refusing to seek answers from a state's highest court on state law questions relating to COVID-related insurance coverage;

(2) Whether the phrase "direct physical loss of or damage to" requires an immediate, perceptible, and tangible destruction or deprivation of property;

(3) Whether the courts below properly applied Oklahoma's rules of contract construction with respect to insurance policies;

(4) Whether the phrase "direct physical loss of or damage to" is ambiguous; and

(5) Whether the Virus Exclusion precludes coverage.

Question Presented (AI Summary)

Whether federal courts are violating Erie R. Co. v. Tompkins, 304 U.S. 64 (1938), and principles of federalism in uniformly refusing to seek guidance from a state's highest court on state law questions relating to COVID-related insurance coverage

Docket Entries

2022-06-06
Petition DENIED.
2022-05-17
DISTRIBUTED for Conference of 6/2/2022.
2022-05-10
Waiver of right of respondent Philadelphia Indemnity Insurance Company to respond filed.
2022-04-14
Petition for a writ of certiorari filed. (Response due May 18, 2022)

Attorneys

Goodwill Industries of Central Oklahoma, Inc. d/b/a Goodwill Career Pathways Institute
Jim T. Priest — Petitioner
Philadelphia Indemnity Insurance Company
Stephen E. GoldmanRobinson & Cole LLP, Respondent