N.J. Italian Restaurant Loses Battle for COVID-19 Coverage

TRENTON, N.J. — A New Jersey Italian restaurant is not entitled to coverage for losses it sustained when it was forced to cease in-person dining operations during the COVID-19 pandemic because the policy’s virus exclusion applies, a federal judge has ruled.

In an Aug. 26 order, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey awarded Indemnity Insurance Co. of North America judgment on the pleadings, finding Beniak Enterprises Inc. d/b/a Benito Ristorante’s losses are tied inextricably to a virus and therefore the exclusion bars coverage.

Beniak was forced to temporarily suspend in-person dining at …