Miami Restaurant Asks High Court to Resolve ‘Direct Physical Loss’ Question

WASHINGTON, D.C. — A Miami restaurant has asked the U.S. Supreme Court to weigh in on the heavily contested issue of whether the phrase “direct physical loss” in all-risk insurance policies encompasses construction dust and debris damage.

In a Jan. 14 petition, the petitioner notes that although its own case involves construction dust and debris damage to a restaurant, “certain issues presented overlap with the recent proliferation of COVID-19 insurance cases across the country.”

Petitioner Mama Jo’s Inc. d/b/a Berries operates a restaurant in Miami that was required to perform extensive cleaning to mitigate dust and debris from a …