Mo. Federal Judge Sends Restaurant Group’s COVID-19 Coverage Action to Trial

KANSAS CITY — A Missouri federal judge has sent to trial a COVID-19 business interruption coverage action filed against Cincinnati Insurance Co. by the owner of several Kansas City bars and restaurants, ruling that a jury should determine whether it sustained a direct “physical loss,” triggering coverage under the policies.

In a Sept. 21 order, Judge Steven R. Bough of the U.S. District Court for the Western District of Missouri said the policy, when read as a whole, supports the interpretation that the “physical loss” or “physical damage” requirement can be satisfied by proof of COVID-19 contamination.

K.C. Hopps Ltd., …