Ohio Federal Judge Reverses Denial of Summary Judgment to Insurer in COVID-19 Coverage Action

CLEVELAND — An Ohio federal judge has reversed his denial of summary judgment to Zurich American Insurance Co. in a COVID-19 coverage action filed by a group of restaurant owners, citing the 6th Circuit U.S. Court of Appeals’ ruling that “a pandemic-triggered government order barring in-person dining at a restaurant” does not qualify as “direct physical loss of or damage to” property.

On Nov. 2, Judge Dan Aaron Polster of the U.S. District Court for the Northern District of Ohio explained Santo’s makes clear that coverage for a “direct physical loss” of “property” applies only to physical property.

Plaintiffs …