North Carolina justices rule for restaurants in COVID-19 claims but against a clothing chain
The unanimous decisions by the seven-member court in the pair of cases addressed the requirements of “all-risk” commercial property insurance policies issued by
The companies who paid premiums saw reduced business and income, furloughed or laid off employees and even closed from the coronavirus and resulting 2020 state and local government orders limiting commerce and public movement.
In one case, the 16 eating and drinking establishments who sued
Worried that coverage would be denied for claimed losses, the restaurants and bars sued and sought a court to rule that “direct physical loss” also applied to government-mandated orders. A trial judge sided with them, but a panel of the intermediate-level
But state Supreme Court Associate Justice
"It is the insurance company’s responsibility to define essential policy terms and the
In the other ruling, the Supreme Court said
But while Cato sufficiently alleged a “direct physical loss of or damage” to property, Earls wrote in another opinion, the policy contained a viral contamination exclusion Zurich American had proven applied in this case.
The two cases were among eight related to COVID-19 claims on which the Supreme Court heard oral arguments over two days in October. The justices have yet to rule on most of those matters.
The court did announce Friday that justices were equally divided about a lawsuit filed by then-
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