STORY FROM: COVID-19 Litigation Report

N.Y. Children’s Clothing Store Sues Ohio Casualty for COVID-19 Business Interruption Losses

NEW YORK — A New York children’s clothing store has sued The Ohio Casualty Insurance Co. in federal court, contending that the retailer suffered covered property damage as a result of COVID-19 government closure orders.

In a July 14 complaint filed in the U.S. District Court for the Eastern District of New York, J&S Kid’s Wear Inc. d/b/a Denny’s further argues that the policy’s virus exclusion does not apply because the losses arose from civil authority orders, not the virus itself.

Plaintiff submitted a claim on March 30, but Ohio Casualty denied coverage, citing the virus exclusion and contending ...

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Beasley Allen Crow Methvin Portis & Miles
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