Plaintiff Fails to Convince the Court That Physical Loss or Physical Damage Has Occurred; Virus Clause Applies and Defendant’s Motion to Dismiss Is Granted

BVLaw
Court Case Digests
February 17, 2021
5812 Eating and Drinking Places
722511 Full-Service Restaurants
economic damages & lost profits
damages, policy, insurance, business interruption loss, coronavirus, COVID-19, business interruption, physical loss, civil authority

Family Tacos, LLC v. Auto Owners Ins. Co.
2021 U.S. Dist. LEXIS 29774
US
Federal Court
Ohio
United States District Court
Calabrese (Judge); Burke (Magistrate)

Summary

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants motions of the defendant to dismiss claims of the plaintiff. The plaintiff files claims for coverage under its insurance policy for losses resulting from COVID-19 shutdowns and seeks to establish a class. The court decides that coverage is not provided under the policy because there is no physical loss; the civil authority provision is likewise not effective, and there is a virus exception that is applicable to the case at hand.

See Also

Family Tacos, LLC v. Auto Owners Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants motions of the defendant to dismiss claims of the plaintiff. The plaintiff files claims for coverage under its insurance policy for losses resulting from COVID-19 shutdowns and seeks to establish a class. The court decides that coverage is not provided under the policy because there is no physical loss; the civil authority provision is likewise not effective, and there is a virus exception that is applicable to the case at hand.