A Los Angeles nightclub claims its insurer wrongly denied coverage for losses suffered due to the COVID-19 pandemic. The nightclub has asked a California federal court not to throw out a proposed class action, claiming the virus caused a physical loss by curtailing its business.

Caribe Restaurant & Nightclub Inc. says Topa Insurance Co. has misinterpreted the “physical loss of or damage” clause in its policy to require a structural alteration when no such requirement is in its language.

Caribe is represented by Tim Burns, Jeff Bowen, Freya Bowen, and Jesse Bair of Burns Bowen Bair LLP, as well as attorneys from Cowper Law LLP, DiCello Levitt Gutzler LLC, The Lanier Law Firm PC, and Daniels & Tredennick.

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