Ohio Mexican Restaurants Say COVID-19 Orders Caused Physical Loss of Property

AKRON, Ohio — The owner of two Ohio Mexican restaurants that were forced to cease or limit operations during the COVID-19 pandemic has sued Auto Owners Insurance Co., alleging coverage is available under its policy’s Business Income, Extra Expense and Civil Authority provisions.

In a complaint removed to the U.S. District Court for the Northern District of Ohio on Aug. 28, Family Tacos LLC contends that its policy covers “loss of use of” insured property.

“Moreover, the COVID-19 virus is a ‘physical’ thing, not an abstract fear,” Family Tacos contends. “For example, restaurants such as Plaintiff forced to close do …