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 that COVID-19 does not qualify as “direct physical loss” for insurance purposes. One year later, the Court of Appeals provided its answer in Consolidated Restaurant Operations, Inc. v Westport Insurance Corp., No. 7, 2024 WL 628047 (N.Y. Feb. 15, 2024), affirming the First Department’s decision.Continue Reading New York Court of Appeals Rules in Favor of Insurers on COVID Coverage