Ohio Restaurant Says Zurich Policy Does Not Exclude Coverage for Pandemics

AKRON, Ohio — The owner of an Ohio panini restaurant that was forced to cease or limit operations during the COVID-19 pandemic has sued Zurich American Insurance Co., alleging coverage is available under its policy’s Business Income, Extra Expense and Civil Authority provisions.

In a class action complaint removed to the U.S. District Court for the Northern District of Ohio on Aug. 25, Brunswick Paninis LLC d/b/a Panini Grill contends that its policy covers “loss of use of” insured property.

“Moreover, the COVID-19 virus is a ‘physical’ thing, not an abstract fear,” Panini Grill contends. “For example, restaurants such as …