Insurer Argues “Takeout” Operations Diminish Need for Insurance Class Action

Insurers are seeking to invalidate business interruption claims filed by restaurants and bars in three states, telling a Wisconsin federal court that continued access to takeout service demonstrates that the businesses have incurred no physical losses.

Burns Bowen Bair LLP is among the firms representing the eateries and taverns, led by Madison Sourdough and Willy McCoys, arguing that COVID-19 caused property damage and government closure orders restricted their normal business operations to such a degree that insurance coverage was warranted under the policy language.

To read the password-protected article in Law360, go here.

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