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Massachusetts High Court Reheats Recipe in Restaurants' COVID-19 Insurance Denial

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Massachusetts High Court Reheats Recipe in Restaurants' COVID-19 Insurance Denial


In a ruling against an upscale restaurant chain, the Massachusetts Supreme Judicial Court has affirmed its 2022 ruling that the COVID-19 virus does not trigger business interruption insurance because it does not cause “direct physical loss or damage.”

Davio’s restaurant chain sought to recover under its all-risk business policy issued by Strathmore Insurance Co. for businesses losses it suffered due to service restrictions and remediation efforts necessitated by the COVID-19 pandemic

Strathmore, a subsidiary of Greater New York Mutual Insurance Co., denied Davio’s claims on the basis that the loss of business income was not “caused by direct physical loss of or damage to property,” as required under the policy. Davio’s filed suit and a Superior Court judge granted Strathmore’s motion to dismiss. The restaurants then appealed from the judgment of dismissal.

Strathmore was the defendant in the precedent-setting 2022 case in which it was sued by a different Boston-area restaurant group, Verveine Corp. The Verveine ruling was the first by a state supreme court on COVID-19-related business interruption claims filed against insurers across the country, the majority of which insurers have won.

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Noting the similarities between the Verveine and Davio’s cases, the Supreme Judicial Court said it discerned “no reason to distinguish ” the Davio’s case from the Verveine case two years ago and affirmed that ruling.

Massachusetts: First State Top Court Gives Industry a Win in Covid-19 Claims Case

Davio’s claimed that the virus became physically present at its restaurants and the presence of the virus caused it to take “extraordinary measures,” which included “closing certain operations and services, substantially modifying others, restricting access to many of the properties, enforcing physical distancing, and undertaking extensive active efforts to repair, restore, and remediate the facilities.”

The restaurant firm also maintained that some surfaces and objects retained residual infectious virus even after cleaning, and “no amount of cleaning could prevent aerosolized infectious particles from attaching to surfaces after cleaning.”

However, the restaurants were able to continue operating “at reduced levels” during the COVID-19 pandemic. Davio’s locations include Boston’s Seaport, Foxboro, Lynnfield, Braintree and Chestnut Hill.

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The high court faced the same question as it had addressed in Verveine — whether there was any “direct physical loss of or damage to” property — and again concluded that those words from the insurance policy require a physical alteration of the property and the COVID-19 virus did not physically alter or affect any of the insured property.

On the question of what constitutes a physical alteration of property, Verveine again provided the guidance that “property has not experienced physical loss or damage in the first place unless there needs to be active repair or remediation measures to correct the claimed damage or the business must move to a new location.”

Thus, the “evanescent presence of a harmful airborne substance that will quickly dissipate on its own, or surface-level contamination that can be removed by simple cleaning, does not physically alter or affect property.” In contrast, the “saturation, ingraining, or infiltration of a substance into the materials of a building or persistent pollution of a premises requiring active remediation efforts” does constitute a physical alteration.

The court noted that similar distinctions have been noted in COVID-19 insurance cases across the country and courts have reached the same conclusion “even when presented with detailed allegations regarding how the COVID-19 virus affects the air and surfaces around it.”

In Verveine, the Supreme Judicial Court assumed that the virus was physically present in the restaurants but explained that the suspension of business at the restaurants was “not in any way attributable to a direct physical effect on the plaintiffs’ property that can be described as loss or damage. As demonstrated by the restaurants’ continuing ability to provide takeout and other services, there were not physical effects on the property itself.”

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Davio’s specifically alleged that “there have been hundreds (if not thousands) of infected guests on-site since the pandemic’s outset.” But the high court found that these allegations do not show that the virus physically altered or affected the insured property in any way. Rather, they show the “evanescent presence of a harmful airborne substance,” and that there was no direct physical loss or damage to property.

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Mass. snowfall totals: Which communities got the most snow this weekend?

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Mass. snowfall totals: Which communities got the most snow this weekend?


Snow fell across Massachusetts overnight on Saturday and throughout Sunday morning thanks for a fast-moving low pressure system, according to the National Weather Service.

The snowfall is expected to continue into and through the afternoon in many communities, lasting longer in Bristol, Plymouth, Barnstable, Dukes and Nantucket Counties, the weather service said. Southeastern Massachusetts is predicted to see 2 to 4 inches of snow, with cities and towns closest to the coast getting up to 6 inches. A winter weather advisory is set to remain in effect in these counties until 7 p.m. Sunday.

  • Read more: Mass. weather: Snowy Sunday with dangerous, arctic cold to follow

As of the early afternoon on Sunday, no communities had received more than 4 inches, according to the weather service. Falmouth and Dennis recorded getting the most snow so far at 4 inches as of 3:15 p.m.

Here are the snow totals for Massachusetts as of mid-afternoon on Sunday. This article will be updated throughout the day.

4+ inches of snow

3+ inches of snow

  • Bourne
  • Centerville (Barnstable)
  • Hyannis (Barnstable)
  • Mashpee
  • Plymouth
  • Sandwich

2+ inches of snow

  • Acushnet
  • Brewster
  • Chatham
  • Dartmouth
  • East Longmeadow
  • Fairhaven
  • Harwich
  • Kingston
  • Marstons Mills (Barnstable)
  • Mattapoisett
  • Nantucket
  • Oak Bluffs
  • Orange
  • Petersham
  • Sturbridge
  • Truro
  • Vineyard Haven
  • Wareham
  • Warren
  • West Tisbury
  • Yarmouth

1+ inches of snow

  • Acton
  • Ashburnham
  • Barre
  • Bedford
  • Berkley
  • Brighton (Boston)
  • Charlton
  • Chicopee
  • Dennis
  • Dighton
  • Dover
  • Fitchburg
  • Freetown
  • Gardner
  • Grafton
  • Holden
  • Holliston
  • Hubbardston
  • Ipswich
  • Leominster
  • Lexington
  • Lowell
  • Marshfield
  • Milton
  • New Bedford
  • North Attleborough
  • Norton
  • Orleans
  • Osterville (Barnstable)
  • Pepperell
  • Rochester
  • Somerset
  • Swansea
  • Tewksbury
  • Tyngsborough
  • Westborough
  • Westport
  • Wilbraham
  • Wilmington



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Snow lingers today, below-zero wind chills Monday morning – Boston News, Weather, Sports | WHDH 7News

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Snow lingers today, below-zero wind chills Monday morning – Boston News, Weather, Sports | WHDH 7News


Good morning! We’ve got snow on tap for today, which will linger most of the day and night across southeastern Massachusetts. We’ll dry out in the early evening for most of the rest of eastern Massachusetts, with north central Massachusetts drying out the quickest.

Snow will be widespread throughout the morning and into the early afternoon. As we get to the late afternoon, snow becomes more isolated over central Massachusetts but is still hanging around the coast, southeast Mass. and the Cape and islands.

Into the evening, the snow will become ocean-enhanced over southeast Mass. and the Cape/islands.

That’s where totals will be the highest.

4 to 6 inches of snow is expected there by late Sunday night.

For the rest of us, just a chance for a few inches.

After this storm it’s all about the cold wind. Monday’s lows will drop to the teens with highs in the mid 20s. But a biting wind will make it feel only like the negative single digits in the morning and the teens in the afternoon. Bundle up! At least the sun will be out.

Tuesday is looking mostly sunny and not windy. Lows will drop to the teens with highs in the low 30s. Wednesday, breezy again with a start in the 20s and afternoon temperatures mild in the low 40s. Thursday will be downright warm! We’ll hit the upper 40s with chances for rain in the evening. Friday we’ll reach the low 50s with chances of rain in the morning. Saturday looks dry, partly sunny with highs back to near normal in the mid 30s.

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Kitchen countertops linked to Massachusetts man’s deadly diagnosis

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Kitchen countertops linked to Massachusetts man’s deadly diagnosis


FILE – A man is using a special electric saw to cut a granite counter in a residential kitchen in preparation for installing a new range top. Getty Images

A Massachusetts man has been diagnosed with a life-altering lung disease linked to popular kitchen countertops. 

The Massachusetts Department of Public Health confirmed this week that its first case of silicosis had been diagnosed in a Hispanic man in his 40s who, for the past 14 years, worked for stone countertop fabrication and installation companies. 

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What is silicosis? 

Big picture view:

Silicosis is a serious, incurable lung disease caused by inhalation of crystalline silica, which is found naturally in granite and other stones. Silicosis can become progressively disabling and sometimes prove fatal. It almost always results from work-related exposures.

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Dig deeper:

Silica dust particles become trapped in lung tissue, causing inflammation and scarring and reducing the lungs’ ability to take in oxygen, according to OSHA. 

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Symptoms:

Symptoms of silicosis can include shortness of breath, cough and fatigue. Workers exposed to airborne crystalline silica also are at increased risk for lung cancer, chronic obstructive pulmonary disease (COPD) and kidney disease. 

What they’re saying:

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“Silicosis is a devastating, life-altering disease – and one that is also absolutely preventable,” said Public Health Commissioner Robbie Goldstein, MD, PhD. “Massachusetts employers in industries where workers are exposed to silica dust have a responsibility to protect their workforce, including from harmful airborne dust. No worker should have to suffer from a chronic and insidious lung disease or possibly die because of a preventable exposure at work.”

 Tanning beds could triple melanoma risk, new study finds

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Countertop disease

Big picture view:

Crystalline silica commonly occurs in nature as the mineral quartz, and is found in granite, sandstone, quartzite, various other rocks and sand. Cutting, grinding, chipping, sanding, drilling and polishing these natural and manufactured stones can release various levels of crystalline silica dust particles that can be inhaled if proper protections aren’t in place.

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Dig deeper:

Engineered or manufactured stone, also commonly called quartz, is particularly problematic since it has more crystalline silica than natural stone. 

By the numbers:

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For example, the average percent of crystalline silica in engineered stone is at least 90% in quartz and engineered stone, vs. a 10-45% makeup in granite, according to an OSHA hazard alert

What you can do:

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Certain engineering controls, such as water spraying systems or remote-controlled tools, can be used to mitigate risk, as well as by wearing proper respiratory protection. 

Silica cases in the U.S.

Big picture view:

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Most engineered stone workers with silicosis in the U.S. were exposed to silica at their jobs for over ten years, although some were exposed for less time.

The backstory:

The first reported case of silicosis in the U.S. associated with exposure to silica dust from engineered stone was identified in Texas in 2014, according to the Massachusetts Department of Public Health. Since then, other states have reported hundreds of cases, and dozens of deaths, particularly in California. 

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Dig deeper:

In the U.S., most engineered stone workers with silicosis are relatively young, male, and Hispanic/Latino. This largely reflects the demographic composition of this industry’s workforce.

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In 2023, over half of workers in this industry were under 45 years old, nearly three-quarters were men, and more than 1 in 3 were Hispanic/Latino, according to the U.S. Census Bureau.

The Source: Information in this article was taken from a Dec. 9, 2025, alert from the Massachusetts Department of Public Health. Background information was taken from OSHA. This story was reported from Detroit. 

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