N.Y. Panel:  Insured Fails To Allege Damage Arising From Pandemic Was ‘Physical’

(April 11, 2022, 1:36 PM EDT) -- NEW YORK — A New York appeals panel on April 7 held that the owner and operator of numerous restaurants fails to assert “any tangible, ascertainable damage, change or alteration to the property so as to plausibly state a claim the damage was ‘physical,’” affirming a lower court’s dismissal of its commercial property coverage lawsuit arising from its tens of millions of dollars in revenue loss prompted by the coronavirus pandemic....