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A federal district court has agreed to dismiss COVID-19-related business interruption litigation filed by a Las Vegas restaurant chain against a Tokio Marine Group of Cos. unit, stating the insurer’s coverage applies to ingestible items, not service.
Egg and I LLC, a seven-store chain that filed its suit April 24, had sought coverage under its Restaurant Recovery Insurance Policy from Tokio unit U.S. Specialty Insurance Co., according to last Thursday’s ruling by the U.S. District Court in Las Vegas in Egg and I LLC et al v. U.S. Specialty Insurance Co. et al.
“A review of the insurance policy shows that Plaintiffs’ alleged losses are not covered,” the ruling said. “Plaintiffs claim that the policy’s definition for ‘insured products’ includes their family-oriented food service to onsite customers, and that when the government suspended in-person dining, Plaintiffs suffered a loss covered by the policy.”
However, the policy defines insured products as “all ingestible products for human consumption or any of their ingredients or components,” the ruling said.
“Those products, despite Plaintiffs’ argument, do not include the actual service of food to onsite customers,” the court said, in granting the insurer’s motion to dismiss the case.
Attorneys in the case did not respond to requests for comment.
More insurance and risk management news on the coronavirus crisis here.