COVID-19 Losses May be Covered by ‘Food Borne Illness’ Endorsement, Ohio Judge Rules

CANTON, Ohio — An Ohio judge has ruled that an Italian restaurant’s COVID-19-related losses are potentially covered under a “food borne illness” endorsement in a policy issued by State Automobile Insurance Co.

In a Jan. 7 order, Stark County Court of Common Pleas Judge Taryn L. Heath denied State Farm’s motion to dismiss, ruling that the endorsement, unlike the policy’s Business Income and Extra Expense provisions, does not require proof of “physical loss of or damage” to property.

Sylvester’s North End Italian Grille, a North Canton, Ohio, eatery, sued State Auto, accusing the insurer of wrongfully denying its claims …