Broadway Helps Steer Insurer's Win In Virus Coverage Suit

Law360 (March 8, 2021, 10:19 PM EST) -- A New York federal judge on Monday threw out a catering company's proposed class action against its insurer seeking coverage for pandemic-related business interruption losses, invoking a previous case involving a Broadway theater that determined direct physical loss or damage does not encompass a policyholder's loss of use of its property.

In a 20-page opinion, U.S. District Judge John Koeltl dismissed the insurance dispute launched by Food For Thought Caters Corp. against Sentinel Insurance Company, finding that the catering service failed to satisfy the physical damage or loss provision  requirements for receiving coverage from its insurer.

"Food for Thought has failed...

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