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A similar petition was filed in the Ohio Supreme Court last year, and that court accepted a certified question to clarify the meaning of direct physical loss. (Credit: J. Albert Diaz/ALM) A similar petition was filed in the Ohio Supreme Court last year, and that court accepted a certified question to clarify the meaning of direct physical loss. (Credit: J. Albert Diaz/ALM)

The North Carolina Restaurant and Lodging Association (NCRLA), along with 16 restaurants, are asking the North Carolina Supreme Court to bypass the court of appeals and hear an insurer’s appeal of a court decision that found there was coverage for COVID-19 business interruptions in an insurance policy.

North State Deli was the lead plaintiff in a group of 16 restaurants that filed the lawsuit seeking coverage for COVID-19 related business income losses. The case resulted in a rare win for the policyholders. More than 1,600 COVID-19 business interruption insurance coverage lawsuits have been filed. Of the dozens that have been decided, most courts have found that the pandemic did not cause physical loss or damage to insured property.

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