Miami Restaurant Asks To Revive COVID-19 Coverage Suit

By Carolina Bolado (May 20, 2022, 5:29 PM EDT) -- A Miami restaurant asked the Eleventh Circuit on Friday to revive its proposed class suit seeking coverage for COVID-19-related business disruptions, arguing that the restaurant expressly alleged that the virus infiltrated the restaurant and rendered it temporarily unsafe.

In oral arguments in Miami, Jason Mazer, who represents Town Kitchen & Bar, said the virus "materially altered" the air in the restaurant, thus causing the physical damage required to trigger business interruption coverage under the restaurant's policies with Certain Underwriters at Lloyd's of London, Indian Harbor Insurance Co. and HDI Global Specialty SE.

Mazer likened the virus exposure to radon or carbon...

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