'A group of about 50 New York restaurants, ranging from high-end dining establishments to an iconic bagel shop, are suing their insurers for hundreds of millions of dollars in damages in a suit alleging their coronavirus-related business interruption claims were wrongly denied.
The restaurants assert they sustained direct physical losses from the pandemic and had to partially reconstruct their properties to adapt to serving customers under restrictive reopening rules.'
Gavin Souter in Business Insurance Aug 4th 2020
The arguments by plaintiffs and defendants mirror those of the FCA test case in London from where a decision is expected in September. AsPatrick Kelahansays:
"And now, new interpretations of the word 'physical' in Covid-19 BI cover denial litigation-".
The suit filed by law firm Jenner & Block LLP in state court in Brooklyn lists 27 insurers as defendants, including units of major commercial property insurers such as American International Group Inc., Chubb Ltd., Travelers Cos. Inc. and Zurich Insurance Group Ltd. The plaintiffs in the suit, Abruzzo Docg Inc. d/b/a Tarallucci e Vino et al v. Acceptance Indemnity Insurance Co. et al, include Danny Meyer’s Union Square Café, the Grand Central Oyster Bar, Café Wha? and Ess-a-Bagel.
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