La. Restaurant Owner Not Covered for COVID-19 Losses, Federal Judge Reiterates

NEW ORLEANS — A Louisiana federal judge has refused to alter or amend her judgment that a restaurant owner cannot recoup COVID-19-related losses from Starr Surplus Lines Insurance Co. because it did not allege “direct physical loss of or damage” to property, as required by the policy.

On Jan. 23, Judge Susie Morgan of the U.S. District Court for the Eastern District of Louisiana rejected Khodr Investments’ argument that in her Nov. 15 order she did not consider whether the policy’s Contamination Exclusion applied.

“In actuality, the Court expressly reached this issue and answered this question in the affirmative, …