Office Furniture Co. Not Covered for ‘Loss of Use,’ N.Y. Federal Judge Rules
September 16, 2021
NEW YORK — A New York federal judge has ruled that an office furniture company cannot recoup its COVID-19-related losses from National Fire Insurance Company of Hartford because it did not sustain “direct physical loss of or damage to property,” as required by the policy.
In a Sept. 13 order, Judge Lewis J. Liman of the U.S. District Court for the Southern District of New York explained that mere “loss of use” of a business does not trigger coverage under policies that require direct physical loss of or damage to property.
“Courts that have considered the question whether the …