High End Boutique Owner Loses Bid for COVID-19 Coverage in N.Y. Federal Court

NEW YORK — A New York federal judge has dismissed a COVID-19 coverage action filed by the owner of several clothing boutiques against Pacific Indemnity Co., ruling that neither the COVID-19 virus itself, nor government closure orders, caused it to sustain “direct physical loss or physical damage to” its properties.

In a June 24 order, Judge Lewis J. Liman of the U.S. District Court for the Southern District of New York explained that under New York law, mere loss of use of a premises does not trigger coverage, and the virus does not cause the type of damage required by …