Miami Restaurant Barred from COVID-19 Insurance Recovery, Judge Rules

MIAMI — A Florida federal judge has dismissed a Miami restaurant’s COVID-19 business interruption action, ruling that it did not sustain “direct physical loss of or damage to property,” as required by the policy, issued by Certain Underwriters at Lloyd’s of London.

“Put simply, Town & Kitchen LLC seeks to recover from economic losses caused by something physical — not physical losses,” Judge Robert Moreno of the U.S. District Court for the Southern District of Florida concluded in the Feb. 26 order. “These facts are more akin to a zoning change, loss of liquor license, or Miami Hurricanes championship parade …