Tavern Not Covered for COVID-19 Losses, Pa. Superior Court Rules

PITTSBURGH — A Pennsylvania appellate court has reversed a trial court’s ruling that a tavern is entitled to coverage from Erie Insurance Exchange for COVID-19-related losses, ruling that the policy phrase “direct physical loss of or damage to” does not include mere loss of use of property.

On Nov. 30, the Pennsylvania Superior Court concluded that because the policy covers the time period needed “repair, replace, or rebuild” any part of the covered property that had been “damaged or destroyed,” there must be partial physical damage to or total destruction of the covered property.

MacMiles LLC d/b/a Grant Street Tavern’s …