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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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Massachusetts

Global Employability Rankings 2025: Massachusetts Institute of Technology tops the global list, check the top 10 universities worldwide – Times of India

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Global Employability Rankings 2025: Massachusetts Institute of Technology tops the global list, check the top 10 universities worldwide – Times of India


The university you choose can significantly impact your career prospects. The Global Employability University Rankings (GEURS) 2025, compiled by French consultancy Emerging , highlights the world’s leading institutions renowned for producing highly employable graduates.
At the top of the overall rankings, the Massachusetts Institute of Technology (MIT) has secured the number 1 spot globally and in the United States. The dominance of U.S. universities is evident in the top five, with California Institute of Technology ranked 2nd, Stanford University 3rd, and Harvard University 4th. Completing the top five is the University of Cambridge from the United Kingdom, claiming the 5th position.
The top 10 positions from the list of 250 universities for graduate employability in 2025 as per the Global Employability University Rankings (GEURS) 2025 include:

  • Five universities from the United States
  • Three universities from the United Kingdom
  • One university each from Japan and China

This year’s rankings highlight the growing prominence of Asian universities alongside the traditional powerhouses of the U.S. and the U.K. Notably, the rankings assess institutions based on criteria such as graduate employability, recruiter preferences, and industry-academia collaboration.

Top 10 of World’s best 250 universities for graduate employability in 2025 as per the Global Employability University Rankings (GEURS) 2025:

Name of the University
Rank
Country
Massachusetts Institute of Technology 1 United States of America
California Institute of Technology 2 United States of America
Stanford University 3 United States of America
Harvard University 4 United States of America
University of Cambridge 5 United Kingdom
Princeton University 6 United States of America
University of Oxford 7 United Kingdom
The University of Tokyo 8 Japan
Imperial College London 9 United Kingdom
Peking University 10 China

The GEURS 2025 reveal that top universities renowned for producing employable graduates are primarily concentrated in the United States, the United Kingdom, and Asia. The Massachusetts Institute of Technology (MIT) leads globally, with four other U.S. institutions—Caltech, Stanford, Harvard, and Princeton—securing spots in the top 10. The UK is well-represented by the University of Cambridge, University of Oxford, and Imperial College London, while Asia shines with The University of Tokyo (Japan) and Peking University (China). These rankings emphasize the significance of academia-industry collaboration and the rising global impact of Asian universities.
The list also features 10 Indian universities, with the Indian Institute of Technology (IIT) Delhi leading the pack at rank 28. It is followed by the Indian Institute of Science (IISc) at 47th and the Indian Institute of Technology (IIT) Bombay at 60th.

About GEURS

According to the official website, GEURS is the only ranking based exclusively on international employers’ point of view. It is produced by Emerging and is, for employability, currently the most consulted ranking by employers worldwide.
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Massachusetts should get ‘much-welcomed’ rain, even snow in spots amid ‘Critical Drought’ as wildfires keep burning

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Massachusetts should get ‘much-welcomed’ rain, even snow in spots amid ‘Critical Drought’ as wildfires keep burning


Have you ever been so excited for some rain?

As Massachusetts enters the “Critical Drought” status with dozens of wildfires burning across the region, meteorologists are predicting that some “much-welcomed” rain should arrive soon. Even wet snow will be possible in higher elevation spots on Thursday night.

The Bay State desperately needs this precipitation following an unprecedented lack of rain in recent months, triggering this brutal drought and sparking brush fires.

Over the past 30 days, most of the state has received less than an inch of rain, which is 3 to 4.5 inches below normal. Many areas recorded their lowest rainfall ever for this time of the year.

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“Slow-moving frontal system brings overcast and much-welcomed rains Thurs into Fri, which could mix with wet snow at locations above 1,500 ft elevation Thurs night and Fri.,” the National Weather Service’s Boston office wrote in its forecast discussion.

The latest wildfires in the region were reported in Blue Hills Reservation on Tuesday, as firefighters battled the 40-acre blaze.

“The DCR Fire Control team, in coordination with the Milton Fire Department, is actively working to contain the fire and ensure public safety,” the state Department of Conservation and Recreation posted. “DCR urges the public to avoid the area to allow emergency responders to work safely and to take precautions against smoke.”

As of Tuesday, there were about 37 active wildfires across the state. This year’s fire season has lasted longer because of the dry conditions. Hundreds of wildfires have broken out across the state since the start of October, burning more land than Massachusetts usually sees in an entire year.

A “Critical Drought” was declared across most of the state on Tuesday, except for the Cape and Islands regions.

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“Massachusetts is experiencing critical drought conditions that are fueling unprecedented and destructive wildfires across the state,” Energy and Environmental Affairs Secretary Rebecca Tepper said in a statement. “Climate change is reshaping our region’s weather patterns, resulting in warmer and drier fall and winter seasons.

“Water conservation is more important than ever,” Tepper added. “We urge municipalities, residents, and businesses — including those with private wells — to help us reduce stress on our water systems. We need to work together to ensure we have enough clean drinking water, protect wildlife habitats, and maintain effective fire control. Every small effort counts.”

Tree workers stroll through the smoke as firefighters battle the Blue Hills brush fire. (Stuart Cahill/Boston Herald)

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Blue Hills brush fire sends smoke into surrounding Massachusetts towns

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Blue Hills brush fire sends smoke into surrounding Massachusetts towns


Next Weather: WBZ morning forecast for November 19, 2024

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Next Weather: WBZ morning forecast for November 19, 2024

01:42

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MILTON – A new brush fire has developed in the Blue Hills State Reservation, sending smoke into surrounding Massachusetts communities.

The fire near Houghton’s Pond in Milton has burned 41 acres of the popular hiking area, and was only 10% contained as of Monday evening, according to the Department of Conservation and Recreation. A smoky smell was reported in towns to the southeast, including Braintree, Brockton and Randolph. 

Fire departments from several nearby towns are helping to fight the flames. Canton firefighters in a social media video showed crews performing a controlled “back burn” to keep the main fire from spreading further.

FINAL UPDATE: Units are being released from the brush fire. Tomorrow, Two Brush Fire Task Forces are being sent to Milton. One from Norfolk County, the other from Plymouth County. Here is footage of the “Back Burn” performed at the Blue Hills brush fire. This performed under controlled conditions. It burns back towards where the fire is spreading to and burns the area in between.

Posted by Canton Firefighters IAFF Local 1580 on Monday, November 18, 2024

Red flag warning for Massachusetts

A red flag warning is in effect for all of Massachusetts Tuesday, as the dry weather continues and winds could gust up to 25 mph.

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“Any fire that develops will catch and spread quickly,” the National Weather Service said. “Outdoor burning is not recommended.”

Some relief is expected Thursday, as the first rain storm to hit the area in weeks could put a dent in the state’s severe drought.

Fires in Massachusetts

In addition to the Blue Hills incident, state fire officials said a new fire in the Boxford State Forest has grown significantly. That fire along Thomas Road in North Andover had spread to 220 acres and was just 10% contained. At this time, no homes are at risk.

The largest brush fire in the state is burning in the Lynn Woods Reservation. The 440-acre fire is 50% contained.

Firefighters are also continuing to patrol the Middleton Pond fire that has burned 242 acres and is 60% contained.

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