Zurich says exclusions ban virus coverage for burrito chain

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Law360 (July 19, 2021, 6:15 p.m. EDT) – Zurich American Insurance Co. has said that a contamination exclusion in its contract with chain owner Freebirds World Burrito should prohibit coverage for COVID-19-related losses from restaurants.

Zurich told a Florida federal judge that several exclusions preclude Tavistock Restaurants Group LLC’s coverage, including its exclusion from contamination for losses resulting from the “presence” of any virus.

“No clever pleading or characterization of the police can avoid the application of these exclusions,” the insurer wrote on Friday in its motion to dismiss Tavistock’s counter-action.

After Zurich requested a statement last July that it owes no cover, Tavistock counterattacked in March, …

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