9th Circuit Rejects In-N-Out Burger Chain’s Appeal COVID-19 Coverage Ruling

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals has upheld dismissal of In-N-Out’s COVID-19 coverage action against Zurich American Insurance Co., affirming that the burger chain did not sustain “direct physical loss or damage to” covered property.

On March 10, the appellate panel agreed with the U.S. District Court for the Central District of California that mere loss of property, without tangible damage, does not trigger coverage under property policies.

In-N-Out contends it was forced to close dining rooms in its 350 restaurants due to the COVID-19 pandemic and related stay-at-home orders. It filed a claim with Zurich, …