Philly Diner Loses Bid for COVID-19 Coverage in Federal Court

  • Order

PHILADELPHIA — A federal judge has dismissed a Philadelphia-area diner’s COVID-19 coverage action against Nationwide General Insurance Co., ruling that the pandemic and associated government restrictions did not cause loss or damage to insured property.

In a Jan. 31 order, the U.S. District Court for the Eastern District of Pennsylvania explained the plaintiff failed to allege a “distinct, demonstrable, and physical alteration” of its property.

In March 2020, KWB Enterprises Inc. d/b/a West Main Diner was forced to temporarily close its Landsdale, Pa., diner in compliance with government orders issued in response to the pandemic. KWB later reopened the eatery, …


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