Miami Eatery Loses Bid for COVID-19 Coverage

MIAMI — A Florida federal judge has dismissed without prejudice a Miami restaurant’s COVID-19 coverage action, ruling that it failed to allege “direct physical loss of or damage” to its insured property or nearby properties, as required by the policy.

In a Dec. 28, Judge Darrin P. Gayles of the U.S. District Court for the Southern District of New York ruled that Cuisine LLC d/b/a Zest Restaurant and Market failed to allege “actual or tangible” loss of property, but allowed the plaintiff to amend its complaint against Certain Underwriters at Lloyd’s of London.

Sun Cuisine alleges it was forced to …