4th Cir. Upholds Dismissal of N.C. Restaurants’ COVID-19 Coverage Action
March 1, 2023
BALTIMORE — A 4th Circuit U.S. Court of Appeals panel has upheld dismissal of a COVID-19 coverage action filed against The Cincinnati Insurance Co. by the owner of six restaurants, a bar, and a catering facility in Raleigh, N.C., affirming they did not sustain “direct physical loss of or damage to” their properties.
In a Feb. 23 opinion, the panel agreed with the U.S. District Court for the Eastern District of North Carolina said Death & Taxes LLC, Aspic Inc., ABC Cornershop Inc., Poole'side LLC and Aux Kitchen LLC failed to show that the coronavirus caused an "actual, tangible, physical …