Wash. Cryotherapy Center Loses Battle for COVID-19 Business Interruption Coverage
June 4, 2021
SEATTLE — A Washington cryotherapy center lost its battle against Evanston Insurance Co. for coverage of COVID-19 business interruption losses after a federal judge found there was no “direct physical loss of or physical damage to” covered property.
In a June 2 order dismissing the action with prejudice, Judge Barbara Rothstein of the U.S. District Court for the Western District of Washington rejected Glacial Cryotherapy LLC’s argument that it was unable to use its property for its intended purpose because of executive orders requiring it to temporarily suspend operations.
The judge referred to a May 28 order in which she …