National Fire Says Pa. Restaurant Suffered No ‘Direct Physical Loss of or Damage’ to Property

PITTSBURGH — National Fire & Marine Insurance Co. are urging a federal judge to dismiss a COVID-19 coverage action filed by a Pennsylvania restaurant, arguing that it did not sustain “direct physical loss of or damage to Covered Property” necessary to trigger coverage under the policy.

In a July 18 motion filed before Judge William S. Stickman IV of the U.S. District Court for the Western District of Pennsylvania, defendants further contend that the policy’s virus exclusion bars coverage, and that orders issued by state and local governments in response to COVID-19 did not prohibit access to the plaintiff’s …