What To Know As Mass. Justices Tackle COVID Coverage Row

Law360

PUBLISHED ON: January 5, 2022

Much is at stake Friday when the Massachusetts Supreme Judicial Court will quiz three Boston-area restaurants and their insurer about whether losses caused by COVID-19 government restrictions should be covered, in the first oral arguments before a state's highest court in a pandemic business interruption case.

The Massachusetts justices last year called for amicus briefs on three key issues: whether the pandemic and shutdown orders caused "direct physical loss of or damage to" property, whether those same circumstances triggered "civil authority" coverage and if a virus exclusion should apply.

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United Policyholders [amicus]  is represented by Rhonda D. Orin and Marshall Gilinsky of Anderson Kill PC.

The case is Verveine Corp. et al. v. Strathmore Insurance Co. et al., case number SJC-13172, in the Massachusetts Supreme Judicial Court.