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An Ohio federal court ruled that a restaurant group was entitled
to Business Income insurance coverage, allowing it to
recover its lost net income and certain continuing expenses
resulting from government shutdown orders, and that the
policy s Microorganisms (or virus) exclusion and Loss of Market or Delay exclusion did not apply.
Henderson Road Restaurant Systems, Inc. v. Zurich American
Insurance Company, No. 1:20-CV-1239 (N.D. Ohio Jan. 19, 2021).
The case has been certified for an immediate appeal.
The decision has four key holdings.
First, the court rejected the insurer s argument that the