Panel Reverses ‘Rare’ Case Where Diner Has Alleged Direct Physical Loss, Damage

(March 21, 2024, 3:48 PM EDT) -- SAN DIEGO — A California appeals panel held that a diner insured’s lawsuit seeking coverage for its business losses arising from the COVID-19 pandemic is “one of those rare cases” where the insured has adequately asserted a direct physical loss or damage under its commercial property insurance policy “at least raising the specter of coverage,” reversing a lower court’s judgment in favor of the insurer and remanding....