Restaurant Co. rejected New York High Court offer on virus appeal

By Ben Zigterman (June 24, 2022 at 2:08 pm EDT) – A New York City appeals court denied a restaurant operator’s motion to have its COVID-19 reporting complaint filed in the state’s Supreme Court.

In a one-page statement Thursday, Division One rejected Consolidated Restaurant Operations’ request to appeal an earlier decision denying the company’s coverage for the pandemic-related closure.

CRO petitioned in April for the Court of Appeals to consider whether the presence of the coronavirus could cause the type of physical loss or damage eligible for coverage under its policy with Swiss Re subsidiary Westport Insurance Corp. required are.

The operator lost its $50 million bid for coverage in April when a panel of First Department judges…

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