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GreenStreet Cafe’s lunchtime rush had just ended on a recent afternoon, but the clamor of dishes in the kitchen hadn’t ceased. Business has finally picked up at the popular eatery in Miami’s Coconut Grove, known for its red velvet outdoor couches, a place where athletes and artists have dined over the past 30 years.
Still, owner Sylvano Bignon is heated.
A judge in March dismissed his lawsuit against GreenStreet’s insurers, which refused to pay for pandemic-related losses. Shutdowns and other restrictions cost him $2.5 million, Bignon said, and he had been hoping to get $1 million from the insurer. But because the owner’s insurance only covered “physical loss or damage,” the judge ruled, the Covid claim did not apply.
New York Court Finds Insurer Not Responsible for Theater’s COVID-19 Losses
The Supreme Court of the state of New York, Nassau County, has dismissed a movie theater’s claims that its insurer is responsible for covering its COVID-19 related losses and that its insurance brokers were negligent in providing insufficient coverage.
This comes after plaintiff Soundview Cinemas Inc., which operates a movie theater and is based in Port Washington, New York, was closed due to New York Governor Andrew Cuomo’s March 2020 executive order declaring a disaster emergency for the state amidst the COVID-19 pandemic. To date, Soundview remains closed because of the state executive orders and has suffered a loss under its insurance policy, the Supreme Court decision said.