Zurich Seeks Judgment in In-N-Out Burger Chain’s COVID-19 Coverage Action

LOS ANGELES — Zurich American Insurance Co. has moved for judgment on the pleadings in a COVID-19 business interruption coverage action filed by the In-N-Out burger chain, arguing that the presence of the virus in the community does not constitute “direct physical loss or damage.”

In a Feb. 8 motion filed in the U.S. District Court for the Central District of California, the insurer further contends that government “stay at home” orders do not cause “direct physical loss of or damage” to property, as required by the policy.

In-N-Out contends it was forced to close dining rooms in its …