Legal Sea Foods Seeks Certification of ‘Direct Physical Loss’ Question to Mass. High Court

BOSTON — Restaurant chain Legal Sea Foods LLC has asked the 1st Circuit U.S. Court of Appeals to certify a COVID-19 coverage question to the Supreme Judicial Court of Massachusetts, arguing there is no precedent to guide the appellate court in resolving its case.

In a May 3 brief, Legal Sea Foods seeks certification of whether under Massachusetts law, the phrase “direct physical loss of or damage to” insured property unambiguously requires an impact to the “structural integrity” of insured property, to preclude coverage for loss or damage from COVID-19 and SARS-CoV-2.

“With no SJC precedent to guide this …