Restaurant Co. Denied NY High Court Bid In Virus Appeal

By Ben Zigterman (June 24, 2022, 2:08 PM EDT) -- A New York appellate court denied a restaurant operator's request to take its COVID-19 coverage appeal to the state's highest court.

In a single-page notice Thursday, the First Department denied Consolidated Restaurant Operations' request to appeal an earlier ruling denying the company coverage for the pandemic-related shutdown.

CRO sought in April to have the appellate court weigh in on whether the presence of the coronavirus can cause the kind of physical loss or damage required for coverage under its policy with Swiss Re subsidiary Westport Insurance Corp. 

The operator lost its $50 million bid for coverage in April when a panel of First Department justices became...

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