Thanks to Lex Machina, I was able to get quick access to the jury instructions. Here are the key ones (italics added by me):
INSTRUCTION NO. 19
Wherever in these instructions the term direct physical loss or physical damage are used, that means that property has suffered some physicality to the loss or damage to the property – e.g., a physical alteration, physical contamination, or physical destruction.
INSTRUCTION NO. 21
Your verdict must be for the defendant if you believe that the physical loss or physical damage to the plaintiffs properties by SARS-Co V-2 from Instruction 19 was caused directly or indirectly by an Ordinance or Law regulating the use of any building or structure regardless of any other cause or event that contributes concurrently or in any sequence to the loss.
INSTRUCTION NO. 22
Your verdict must be for the defendant if you believe that the physical loss or physical damage to the plaintiff’s properties by SARS-Co V-2 from Instruction 19 was caused by or resulting from acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body, unless you determine that a portion of the physical loss or physical damage to the plaintiff’s properties by SARS-CoV-2 was caused by physical loss or physical damage other than these acts or decisions. However, this exclusion does not apply if the acts or decisions were by any person other than the plaintiff or beyond the plaintiffs direction or control.
INSTRUCTION NO. 23
Your verdict must be for the plaintiff if you believe
First, the defendant issued its policy to plaintiff on ten different properties covering direct physical loss or physical damage at one of more of those properties from March 2020 to March 2021 ; and
Second, such property suffered direct physical loss or physical damage due to SARSCo V-2; and
Third, the plaintiff suffered actual loss of business income due to the necessary suspension of the plaintiffs operations during a period of restoration that was caused by direct physical loss or physical damage to the plaintiffs properties.
Unless you believe the plaintiff is not entitled to recover by reason of Instructions 21 or 22.
INSTRUCTION NO. 24
Your verdict must be for the defendant unless you believe:
First, the defendant issued its policy to plaintiff on ten different properties covering direct physical loss or physical damage at one of more of those properties from March 2020 to March 2021; and
Second, such property suffered direct physical loss or physical damage due to SARSCo V-2; and
Third, the plaintiff suffered actual loss of business income due to the necessary suspension of the plaintiffs operations during a period of restoration that was caused by direct physical loss or physical damage to the plaintiffs properties.
