Alaska
Alaska Supreme Court says most business insurance doesn't cover COVID-19 damages • Alaska Beacon
In a first-of-its-kind ruling, the Alaska Supreme Court said Friday that the COVID-19 pandemic does not qualify as “physical loss” or “damage” under common commercial insurance policies.
The decision likely means that insurance companies will not have to pay most claims related to business losses caused by COVID-19.
The ruling came in response to an unusual “certified question” request from Alaska’s U.S. District Court. All 49 other state supreme courts have considered similar questions about COVID-19 liability, but until Friday, Alaska’s had not.
“Even with our insured-friendly approach to interpreting insurance contracts, we conclude that neither the presence of the COVID-19 virus at an insured property nor operating restrictions imposed on an insured property by COVID-19 pandemic-related governmental orders is ‘direct physical loss of or damage to’ property. ‘Direct physical loss of or damage to’ property requires a tangible or material alteration of property,” wrote Justice Susan Carney on behalf of the court.
The court’s decision, rendered unanimously, has major financial implications: If the court had decided differently, the ruling could have allowed businesses to collect millions of dollars from their insurance policies to cover the costs of COVID-mandated closures and health restrictions.
In an amicus brief, the American Property Casualty Insurance Association said insurance premiums would rise as a result if insurers were required to pay out more.
The Supreme Court was asked to rule after Baxter Senior Living filed suit two years ago against its insurance company, Zurich American.
Baxter operates a senior home in Anchorage and spent money to enact anti-COVID procedures that also limited its operations. Local anti-COVID rules also restricted its operations. The company filed a claim in 2020 with Zurich American, but the company denied the claim.
At the time, Zurich American said Baxter’s policy covered “direct physical loss of or damage to” property, and it argued that “(n)either the mere presence of the COVID-19 virus … or any generalized threat from its presence constitutes the ‘direct physical loss of or damage to’” Baxter’s property under the policy.
Baxter challenged the denial in state court, and the insurer moved the case to federal court, which then asked the Alaska Supreme Court to decide whether the presence of COVID-19 constitutes “direct physical loss” or “damage” to property, and whether governmental orders pertaining to COVID-19 also constitute that loss or damage.
“Our answer to both questions is ‘no,’” Carney wrote in Friday’s published order.
Explaining at length, the order says that meeting the policy’s standard language requires “a physical alteration of property,” and COVID-19’s presence on a surface doesn’t alter its property.
“An analogy between the COVID-19 virus and water illustrates this point,” Carney wrote in Friday’s order. “COVID-19 is to property what water is to a plastic sheet: water does nothing to a plastic sheet but at most, it stays on it or attaches to it. But water transforms, alters, or changes the state of dry paper into a wet “mush” or makes it much easier to tear.”
“We conclude that ‘direct physical damage’ requires physical alteration of property. But because COVID-19 does not physically alter property and merely attaches to it, the presence of COVID-19 on property does not constitute ‘direct physical damage.’”
Friday’s order marked the first time since 2021 that the court had been asked to consider a certified question from the state’s federal court.
With the question resolved, the case returns to federal court for further proceedings.
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Alaska
Alaska’s Maxime Germain named to US Olympic biathlon team
Alaska’s Maxime Germain has been named to the U.S. Olympic biathlon team and will compete at the 2026 Milano-Cortina Olympic Winter Games.
Germain, 24, who was born in Juneau and graduated from West Anchorage High School in 2019, will be making his Olympic debut.
“I am stoked to have qualified,” Germain said in a U.S. Biathlon release. “The goal is now to perform there! It is going to be my first Olympics, but it shouldn’t be any different from other racing. Same venue, same racing, different name!”
The announcement was made Sunday at the conclusion of the World Cup stop in France. He is currently 34th in World Cup rankings, the second-best American behind Olympic teammate Campbell Wright.
Germain has raced for the APU Nordic Ski Center and trained with the Anchorage Biathlon Club.
“Maxime has worked really hard throughout the off season, improving his mental game and bringing an overall level up to the World Cup this year,” U.S. Biathlon High Performance Director Lowell Bailey said in the release. “This showed right away at the first World Cup in Ostersund, where he proved he can be among the world’s fastest and best biathletes. Maxime will be a great addition to the U.S. Olympic team!”
Before coming to Anchorage, Germain grew up in Chamonix, France, and started biathlon there at age 13.
Germain is a member of Vermont Army National Guard as an aviation operations specialist and is studying to become a commercial pilot. Germain has trained with the National Guard Biathlon Team and races as part of the US Army World Class Athlete Program.
Germain joins Wright, Deedra Irwin and Margie Freed as the first four qualifiers for the 2026 Olympic Biathlon Team. The remaining members of the team will be announced on Jan. 6 following completion of the U.S. Biathlon Timed Trials.
The 2026 Winter Olympics run from Feb. 6-22 in Italy.
Alaska
Trump administration opens vast majority of Alaska petroleum reserve to oil activity
The Bureau of Land Management on Monday said it approved an updated management plan that opens about 82% of the National Petroleum Reserve-Alaska to oil and gas leasing.
The agency this winter will also hold the first lease sale in the reserve since 2019, potentially opening the door for expanded oil and gas activity in an area that has seen new interest from oil companies in recent years.
The sale will be the first of five oil and gas lease sales called for in the One Big Beautiful Bill Act that passed this summer.
The approval of the plan follow the agency’s withdrawal of the 2024 activity plan for the reserve that was approved under the Biden administration and limited oil and gas drilling in more than half the reserve.
The 23-million-acre reserve is the largest tract of public land in the U.S. It’s home to ConocoPhillips’ giant Willow discovery on its eastern flank.
ConocoPhillips and other companies are increasingly eyeing the reserve for new discoveries. ConocoPhillips has proposed plans for a large exploration season with winter, though an Alaska Native group and conservation groups have filed a lawsuit challenging the effort.
The planned lease sale could open the door for more oil and gas activity deeper into the reserve.
The Voice of the Arctic Iñupiat, consisting of elected leaders from Alaska’s North Slope, where the reserve is located, said it supports the reversal of the Biden-era plan. Infrastructure from oil and gas activity provides tax revenues for education, health care and modern services like running water and sewer, the group said.
The decision “is a step in the right direction and lays the foundation for future economic, community, and cultural opportunities across our region — particularly for the communities within the (petroleum reserve),” said Rex Rock Sr., president of the Arctic Slope Regional Corp. representing Alaska Natives from the region, in the statement from the group.
The reserve was established more than a century ago as an energy warehouse for the U.S. Navy. It contains an estimated 8.7 billion barrels of recoverable oil.
But it’s also home to rich populations of waterfowl and caribou sought by Alaska Native subsistence hunters from the region, as well as threatened polar bears.
The Wilderness Society said the Biden-era plan established science-based management of oil and gas activity and protected “Special Areas” as required by law.
It was developed after years of public meetings and analysis, and its conservation provisions were critical to subsistence users and wildlife, the group said.
The Trump administration “is abandoning balanced management of America’s largest tract of public land and catering to big oil companies at the expense of future generations of Alaskans,” said Matt Jackson, Alaska senior manager for The Wilderness Society. The decision threatens clean air, safe water and wildlife in the region, he said.
The decision returns management of the reserve to the 2020 plan approved during the first Trump administration. It’s part of a broad effort by the administration to increase U.S. oil and gas production.
To update the 2020 plan, the Bureau of Land Management invited consultation with tribes and Alaska Native corporations and held a 14-day public comment period on the draft assessment, the agency said.
“The plan approved today gives us a clear framework and needed certainty to harness the incredible potential of the reserve,” said Kevin Pendergast, state director for the Bureau of Land Management. “We look forward to continuing to work with Alaskans, industry and local partners as we move decisively into the next phase of leasing and development.”
Congress voted to overturn the 2024 plan for the reserve, supporting bills from Alaska’s Republican congressional delegation to prevent a similar plan from being implemented in the future.
Alaska
Opinion: Alaskans, don’t be duped by the citizens voter initiative
A signature drive is underway for a ballot measure formally titled “An Act requiring that only United States citizens may be qualified to vote in Alaska elections,” often referred to by its sponsors as the United States Citizens Voter Act. Supporters say it would “clarify” that only U.S. citizens may vote in Alaska elections. That may sound harmless. But Alaskans should not sign this petition or vote for the measure if it reaches the ballot. The problem it claims to fix is imaginary, and its real intent has nothing to do with election integrity.
Alaska already requires voters to be U.S. citizens. Election officials enforce that rule. There is no bill in Juneau proposing to change it, no court case challenging it and no Alaska municipality contemplating noncitizen voting. Nothing in our election history or law suggests that the state’s citizenship requirement is under threat.
Which raises the real question: If there’s no problem to solve, what is this measure actually for?
The answer has everything to do with election politics. Across the Lower 48, “citizenship voting” drives have been used as turnout engines and list-building operations — reliable ways to galvanize conservative voters, recruit volunteers and gather contact data. These measures typically have no immediate policy impact, but the downstream political payoff is substantial.
Alaska’s effort fits neatly into that pattern. The petition is being circulated by Alaskans for Citizen Voting, whose leading advocates include former legislators John Coghill, Mike Chenault and Josh Revak. The group’s own financial disclaimer identifies a national organization, Americans for Citizen Voting, as its top contributor. The effort isn’t purely local. It is part of a coordinated national campaign.
To understand where this may be headed, look at what Americans for Citizen Voting is doing in other states. In Michigan, the group is backing a constitutional amendment far more sweeping than the petition: It would require documentary proof of citizenship for all voters, eliminate affidavit-based registration, tighten ID requirements even for absentee ballots, and require voter-roll purges tied to citizenship verification. In short, “citizen-only voting” is the opening move — the benign-sounding front door to a much broader effort to make voting more difficult for many eligible Americans.
Across the country, these initiatives rarely stand alone. They serve to establish the narrative that elections are lax or vulnerable, even when they are not. That narrative then becomes the justification for downstream restrictions: stricter ID laws, new documentation burdens for naturalized citizens, more aggressive voter-roll purges and — especially relevant here — new hurdles for absentee and mail-in voters.
In the 2024 general election, the Alaska Division of Elections received more than 55,000 absentee and absentee-equivalent ballots — about 16% of all ballots cast statewide. Many of those ballots came from rural and roadless communities, where as much as 90% of the population lacks road access and depends heavily on mail and air service. Absentee voting is not a convenience in these places; it is how democracy reaches Alaskans who live far from polling stations.
When a national organization that has supported absentee-voting restrictions elsewhere becomes the top financial backer of the petition, Alaskans should ask what comes next.
Supporters say the initiative is common sense. But laws don’t need “clarifying” when they are already explicit, already enforced and already uncontroversial. No one has produced evidence that noncitizen voting is a problem in an Alaska election. We simply don’t have a problem for this measure to solve.
What we do have are real challenges — education, public safety, energy policy, housing, fiscal stability. The petition addresses none of them. It is political theater, an Outside agenda wrapped in Alaska packaging.
If someone with a clipboard asks you to sign the Citizens Voter petition, say no. The problem is fictional, and the risks to our voting system are real. And if the measure makes the ballot, vote no.
Stan Jones is a former award-winning Alaska journalist and environmental advocate. He lives in Anchorage.
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