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VERVEINE CORP. v. STRATHMORE INSURANCE COMPANY

SJC-13172.

489 Mass. 534 (2022)

VERVEINE CORP. & others, v. STRATHMORE INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 21, 2022.

Attorney(s) appearing for the Case

Benjamin R. Zimmermann, for the plaintiffs.

Stephen E. Goldman, for Strathmore Insurance Company.

Andrew R. Ferguson, for Commercial Insurance Agency, Inc.

The following submitted briefs for amici curiae:

John G. O'Neill & Jessica H. Park, for Massachusetts Insurance and Reinsurance Bar Association.

Kristin A. Heres & Katharina Kraatz-Dunkel, for American Property Casualty Insurance Association & others.

Robert J. Gilbert, Timothy J. McLaughlin, & Nathan A. Sandals, for Amphenol Corporation & another.

Rhonda D. Orin, of New York, & Marshall Gilinsky for United Policyholders.

Jonathan T. Merrigan, for American Food Systems, Inc.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, & Wendlandt, JJ.

This appeal requires us to determine whether various losses stemming from the COVID-19 pandemic constitute "direct physical loss of or damage to" properties owned by the plaintiffs and insured by the defendants. The plaintiffs own three restaurants, which, like many brick-and-mortar businesses, suffered severe reductions in revenues during...

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