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Insured Asks Supreme Court To Determine Meaning Of "Physical Loss" - Insurance Coverage

Insurance Coverage

Posted on: Feb 3, 2021

By RJ Proie, Taylor DeVore & Padgett PC

A Florida restaurant was denied coverage for losses claimed due to nearby road construction. The insurer, Sparta Insurance Co., denied coverage because road construction is not considered "physical loss" or damage, which is necessary to trigger coverage under the restaurant's business policy.

While this case has nothing to do with the COVID-19 pandemic, if the Supreme Court grants certiorari and determines the "physical loss" question, thousands of cases across the country will be affected, because the same question is at the heart of many businesses' claims regarding losses stemming from closures and interruptions arising from the pandemic.

The case is Mama Jo’s, Inc., dba Berries v. Sparta Insurance Company, No. 20-998. For more, go here.

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