top of page
  • Paul Peter Nicolai

COVID Losses Not Covered By All-Risk Policies

Updated: Jan 3

The Massachusetts Supreme Court has ruled that their all-risk property insurance policies did not cover business losses sustained by restaurants due to COVID-19.

The court said the policies provide that the insurer will pay for direct physical loss of or damage to covered property. Direct physical loss of or property damage requires some distinct, demonstrable physical alteration of the property.

Why This is Important… This decision is one of a national series of cases testing whether various forms of business insurance policies covered pandemic losses. Mostly, courts have been ruling they do not. The crux of these cases is that the courts find, like this one, that the injury to the business has to be a result of some physical alteration or effect on the property.

Recent Posts

See All

Over the last two decades, over two-thirds of the states have passed laws authorizing the use of marijuana for medical purposes by persons with debilitating conditions. Over one-third of the states ha

A plaintiff withheld an email saying the attorney-client privilege protected it. The plaintiff’s CEO received the email from the company’s in-house counsel. The CEO forwarded the email to a hotel fron

A court of appeals affirmed the district court’s ruling by concluding that emails were judicial records to which the common law right of access to judicial proceedings was attached. Since the public’s

bottom of page