Eateries Can't Claim 'Physical Loss' From Virus, Judge Says

By Max Jaeger (September 16, 2021, 6:54 PM EDT) -- A Massachusetts federal judge on Thursday joined the "national trend in decisions" holding that the novel coronavirus did not render buildings physically damaged, ruling against a hospitality group seeking coverage for pandemic losses.

Ruling on dueling motions for summary judgment, U.S. Magistrate Judge Marianne B. Bowler sided with Cincinnati Casualty Co. and rejected arguments by a consortium of 10 Massachusetts and New Hampshire restaurants claiming hard-to-remove viral particles amounted to physical damage to their insured properties.

"The presence of COVID-19 in restaurants is not a 'physical loss' or 'physical damage' to property under the policy because the virus had no physical...

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