U.S. Supreme Court Refuses to Weigh in on ‘Direct Physical Loss’ Debate

WASHINGTON, D.C. — The U.S. Supreme Court has refused to weigh in on the heavily contested issue of whether the phrase “direct physical loss” in all-risk insurance policies encompasses construction dust and debris damage.

On March 29, the high court denied a petition for certiorari filed by Mama Jo’s Inc. d/b/a Berries, in which the Miami restaurant owner argued that certain issues presented in the case “overlap with the recent proliferation of COVID-19 insurance cases across the country.”

Mama Jo’s Inc. d/b/a Berries was required to perform extensive cleaning in its restaurant to mitigate dust and debris from a nearby …