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CONSOLIDATED REST. OPERATIONS, INC. v. WESTPORT INS. CORP.

No. 7.

2024 NY Slip Op 00795

CONSOLIDATED RESTAURANT OPERATIONS, INC., Appellant, v. WESTPORT INSURANCE CORPORATION, Respondent.

Court of Appeals of New York.

Decided February 15, 2024.

Attorney(s) appearing for the Case

Robin L. Cohen , for appellant.

Aidan M. McCormack , for respondent.

Chefs' Warehouse Inc. et al., United Policyholders, American Property Casualty Insurance Association et al., Metropolitan Transportation Authority et al., Medical Society of the County of Erie, Envision Healthcare Operating, Inc., American Museum of Natural History, New York State Trial Lawyers Association, Caesars Entertainment, Inc., amici curiae.

Judges Rivera, Garcia, Singas, Cannataro, Troutman and Connolly concur. Chief Judge Wilson took no part.

Opinion

This appeal presents the question of whether allegations that SARS-Co-V-2, the virus that causes COVID-19 ("coronavirus" or "virus"), was present in insured restaurants and resulted in cessation of in-person dining services and related business interruption losses are sufficient to state a claim for "direct physical...

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