W. A. Griffin, M.D. v. Travelers Property Casualty Company of America, et al.

The underlying case presents novel questions of nationwide importance regarding the scope of property insurance coverage in the age of sophisticated electronic intrusion. These questions are currently on an expedited appeal before the United States Court of Appeals for the Second Circuit and are of such imperative public importance that they require immediate resolution by this Court under Supreme Court Rule 11:

1. Whether the physical embedding of hidden surveillance cameras and listening devices within commercial property, which renders the premises unusable for their intended medical purpose due to a fundamental violation of privacy and security, constitutes “direct physical loss of or damage to property” under a standard commercial property insurance policy.

2. Whether the ongoing, multi-jurisdictional disagreement among federal courts over the definition of “physical loss or damage”— particularly in the context of nontraditional, non-structural intrusions such as contamination, surveillance, and cyber events—is an issue of imperative national public importance warranting this Court’s immediate and definitive resolution.

3. Whether a sole owner and member of a disregarded Limited Liability Company (LLC) is an “insured” with standing to sue under a commercial property policy that defines “insured” to include LLC members “with respect to the conduct of your business.”