Fla. Magistrate Judge Says Restaurant Suffered No Physical Loss; Recommends Dismissal
August 27, 2020
MIAMI — A Florida federal magistrate judge has recommended dismissal of a restaurant’s COVID-19 business interruption coverage action, finding that it failed to allege that it suffered any direct physical loss or damage to property.
In an Aug. 26 report and recommendation, Magistrate Judge Edwin Torres of the U.S. District Court for the Southern District of Florida reasoned that Malaube LLC d/b/a Spris Artisan Pizza has not alleged any physical harm; therefore, coverage is not available under its policy issued by Greenwich Insurance Co.
“There is no allegation, for example, that COVID-19 was physically present on the premises. Instead, Plaintiff …
- Gallop Auerbach
- Herskowitz Shapiro