2nd Cir. Upholds Dismissal of Restaurant Conglomerate’s COVID-19 Coverage Action

NEW YORK — A federal appellate panel has upheld dismissal of a restaurant conglomerate’s COVID-19 business interruption coverage action against Hartford Fire Insurance Co., affirming that government restrictions issued in response to the pandemic do not cause “direct physical loss of or damage to” insured property.

In a March 18 summary order, a 2nd Circuit U.S. Court of Appeals panel agreed with a Connecticut federal court that the policy required SA Hospitality Group LLC to show “demonstrable physical harm of some form to the premises itself, rather than forced closure of the premises for reasons exogenous to the premises themselves, …