The Court of Appeals had been charged with answering whether “the actual, suspected, or threatened presence of COVID-19″ in the restaurants had caused direct physical loss or damage.
February 15, 2024 at 12:15 PM
3 minute read
Litigation Reporter
New York’s top court on Thursday unanimously rejected a COVID-related, business interruption appeal brought by a Texas-based operator of seven restaurant brands that had sued its insurer.
The court had been charged with answering whether “the actual, suspected, or threatened presence of COVID-19″ in the restaurants had caused direct physical loss or damage to the properties within the meaning of an insurance policy issued by the defendant.
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Court of Appeals Associate Judge Caitlin J. Halligan speaks after taking an oath at her investiture ceremony held on June 7, 2023, at the New York Court of Appeals in Albany, New York. Photo: Ryland West/ALM
