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Consolidated Restaurant Operations, Inc. v. Westport Insurance Corp.

41 N.Y.3d 415, 235 N.E.3d 332, 211 N.Y.S.3d 800 (2024)

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Consolidated Restaurant Operations, Inc. v. Westport Insurance Corp.

New York Court of Appeals
41 N.Y.3d 415, 235 N.E.3d 332, 211 N.Y.S.3d 800 (2024)

Facts

Consolidated Restaurant Operations (CRO) (plaintiff) owned and operated dozens of restaurants. CRO held commercial-property insurance policies from Westport Insurance Corporation (Westport) (defendant) from July 2019 through July 2020. These policies provided coverage for business-interruption losses “directly resulting from direct physical loss or damage” to insured property. In late 2019 and early 2020, CRO was required to suspend or limit operations at many restaurants due to either the coronavirus’s presence or government COVID-19 restrictions. CRO filed a claim for business-interruption losses. Westport denied coverage, asserting that CRO’s claimed losses did not result from direct physical loss or damage to any restaurant. CRO sued Westport in New York state court, contending that it had suffered business-interruption losses resulting from its physical loss of usable space. The trial court granted Westport’s motion to dismiss, finding that CRO had not alleged that its business losses were caused by any direct physical loss of or damage to the restaurants themselves. The appellate division affirmed the dismissal. New York’s highest court agreed to review the matter.

Rule of Law

Issue

Holding and Reasoning (Halligan, J.)

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