Children’s Retail Chain Can’t Get COVID-19 Coverage, N.J. Federal Judge Rules

TRENTON, N.J. — A New Jersey federal judge has dismissed a COVID-19 coverage action filed against Continental Casualty Co. by a children’s retail store chain, ruling that it did not sustain “direct physical loss of or damage” to covered property, as required by the policy.

In a June 30 order, Judge Michael Shipp of the U.S. District Court for the District of New Jersey found neither government orders requiring the closure of stores, nor the virus itself, caused structural damage necessitating repair or replacement.

Marilyn’s Kids Inc. d/b/a Denny’s owns and operates a retail chain in New Jersey. In March …