Philly BYOB’s COVID-19 Coverage Action Proceeds on 'Reasonable Expectations' Claim

PHILADELPHIA — A Pennsylvania federal judge has refused to dismiss a Philadelphia restaurant’s COVID-19 insurance action, finding that while coverage is not available under the terms of the policy, a question of fact exists as to whether there was a “reasonable expectation” of coverage.

In a Jan. 8 order, Senior Judge J. Curtis Joyner of the U.S. District Court for the Eastern District of Pennsylvania ordered further discovery on the “reasonable expectation” issue.

Cadence, a Philadelphia “bring your own bottle” restaurant, was forced to close in March 2020 after Pennsylvania government officials closed all non-essential businesses and ordered eateries to …