EBNB 70 Pine Owner Restaurant v. Fireman’s Fund Insurance Co.

The plaintiff filed a declaratory judgment complaint against its insurer, seeking a declaration that its insurance policy covered economic losses from the Covid-19 pandemic. The trial court granted defendant’s motion to dismiss and plaintiff appealed. The appellate court affirmed, explaining that multiple state and federal courts previously have found that the Covid-19 pandemic did not cause physical loss or damage to property under the same or similar language to the policy in this case and that there were no facts that supported deviation from that precedent. (C.A. WALKER and GAMRATH, concurring)