STORY FROM: COVID-19 Litigation Report

Buffalo, N.Y., Restaurant Owners File Insurance Class Action for COVID-19 Coverage

BUFFALO, N.Y. — The owners of two Buffalo, N.Y., restaurants have filed a proposed class action against Erie Insurance Co. in an effort to recoup business losses they sustained when civil orders forced them to suspend dine-in operations during the COVID-19 pandemic.

In a June 18 complaint filed in the U.S. District Court for the Western District of New York, Tappo of Buffalo LLC and Tappo Pizza LLC say their covered property sustained “direct physical loss or damage” as a result of the virus and civil authority orders, causing plaintiffs to lose income and incur extra expenses.

“The presence of ...

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