Tim Burns of Burns Bowen Bair LLP, one of several attorneys representing Dr. Christie Jo Berkseth-Rojas, believes a jury should have decided whether or not COVID-19 causes damage. In comments made to Law360, Burns said that despite previously pointing to asbestos and smoke contamination as covered damage, “now, the court has decided that COVID-19 is just not harmful enough for this rule to apply. Really? More dead from COVID-19 than all our country’s wars combined, but somehow COVID-19 doesn’t even rise to the level of smoke?”
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