Mass. High Court Rules Restaurants Not Covered for COVID-19 Losses

BOSTON — Massachusetts’ highest court has ruled that a group of restaurants are not entitled to COVID-19 coverage from Strathmore Insurance Co. because they did not sustain “physical loss of or damage to” their insured properties.

In an April 21 opinion, the Massachusetts Supreme Judicial Court concluded that mere “loss of use” of property caused by government orders or the presence of the virus itself does not trigger coverage without some physical damage.

In March 2020, Verveine Corp. d/b/a Coppa and 1704 Washington LLC d/b/a Toro suspended in-person dining operations in compliance with government orders issued in response to the …