Sweet Berry Cafe, Inc. v. Society Insurance, Inc.

Plaintiff appealed from trial court judgment finding commercial property insurance policy did not cover business income losses suffered as a result of the Covid-19 pandemic and state executive orders that restricted in-person dining. Appellate court affirmed, finding that the virus and executive orders did not constitute “direct physical loss of or damage” to the plaintiff’s property, which was required by the policy. (BRENNAN, concurring and McLAREN, specially concurring)