An en banc panel of the Pennsylvania Superior Court agreed with broader national and federal court precedent on Nov. 30 in determining that a Pittsburgh restaurant’s commercial property insurance did not cover losses from COVID-19.

“Courts outside of Pennsylvania considering similar policy language have concluded that the loss of use of a business during the COVID-19 pandemic was not covered under policies insuring against physical loss of or damage to commercial property,” Judge Victor P. Stabile wrote for the majority in the appeals court’s Nov. 30 precedential opinion in MacMiles LLC v. Erie Insurance Exchange, noting that the case presented an issue of first impression for the Superior Court.

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