Ohio Judge Refuses to Toss Restaurant’s COVID-19 Business Interruption Action

ELYRIA, Ohio — An Ohio judge has refused to dismiss a restaurant’s COVID-19 business interruption action against The Cincinnati Insurance Co., ruling that the complaint “states claims which arguably fit the terms and conditions of the insurance policy.”

In a Sept. 29 order, Judge James L. Miraldi of the Lorain County (Ohio) Court of Common Pleas concluded that “the claims and defenses need to be developed with a record.”

“The parties should proceed with discovery on liability/coverage while the damages issues are bifurcated,” the judge held. “Discovery on damages is held in abeyance until a decision has been made on …