9th Cir. Upholds Dismissal of Vegas Breakfast Chain’s COVID-19 Coverage Action

SAN FRANCISCO — A 9th Circuit U.S. Court of Appeals panel has upheld dismissal of a Las Vegas breakfast chain’s COVID-19 coverage action against U.S. Specialty Insurance Co., affirming that the policy does not cover losses arising from the government-ordered suspension of in-person dining.

On July 7, the panel agreed with the U.S. District Court for the District of Nevada that the policy’s “Insured Products” language only applies to ingestible items, rather than “service.”

Plaintiffs Egg and I LLC and Egg Works LLC own a group of Las Vegas family-oriented dining restaurants and employ more than 400 people in the …