Our February 2023 post "The Commercial Division Rejects Yet Another Insured's Claim for Coverage for Covid-Related Revenues Losses" left readers wondering whether the New York Court of Appeals would uphold the First Department's determination .
On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated.
New York state's highest court has affirmed that there must be direct physical loss or damage, not just presence of a virus, to trigger coverage under a
New York state's highest court has affirmed that there must be direct physical loss or damage, not just presence of a virus, to trigger coverage under a
On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed.