VERVEINE CORP. v. STRATHMORE INSURANCE COMPANY

SJC-13172.

489 Mass. 534 (2022)

VERVEINE CORP. & others, v. STRATHMORE INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 21, 2022.


Attorney(s) appearing for the Case

Benjamin R. Zimmermann , for the plaintiffs.

Stephen E. Goldman , for Strathmore Insurance Company.

Andrew R. Ferguson , for Commercial Insurance Agency, Inc.

The following submitted briefs for amici curiae:

John G. O'Neill & Jessica H. Park , for Massachusetts Insurance and Reinsurance Bar Association.

Kristin A. Heres & Katharina Kraatz-Dunkel , for American Property Casualty Insurance Association & others.

Robert J. Gilbert , Timothy J. McLaughlin , & Nathan A. Sandals , for Amphenol Corporation & another.

Rhonda D. Orin , of New York, & Marshall Gilinsky for United Policyholders.

Jonathan T. Merrigan , for American Food Systems, Inc.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, & Wendlandt, JJ.


This appeal requires us to determine whether various losses stemming from the COVID-19 pandemic constitute "direct physical loss of or damage to" properties owned by the plaintiffs and insured by the defendants. The plaintiffs own three restaurants, which, like many brick-and-mortar businesses, suffered severe reductions in revenues during...

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