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Massachusetts
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.
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.
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.”
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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The legislation would allow licensed establishments to sell alcohol one hour later than their normal closing time, up to 3 a.m., between June 1 and Aug. 31, 2026.
Massachusetts lawmakers are considering a measure that would allow cities and towns to temporarily extend bar and restaurant hours during the summer, as the state prepares to host FIFA World Cup matches and celebrations marking the nation’s 250th anniversary.
The legislation (H.5465) filed by state Rep. Carole Fiola, would allow licensed establishments to sell alcohol one hour later than their normal closing time, up to 3 a.m., between June 1 and Aug. 31, 2026. The bill would also allow communities to establish designated public consumption districts where alcohol could be consumed in approved public spaces.
In a press release announcing the bill, Fiola said the summer’s threefold events lineup — the World Cup, Tall Ships, and July 4th — is an economically significant moment that the state should take advantage of.
“We should capitalize on these events that will generate economic benefits for small businesses and the state as a whole. It’s a local opt-in idea worth exploring that’s being done in other states,” Fiola said.
The proposal has received support from Boston Mayor Michelle Wu and most recently Gov. Maura Healey, who submitted written testimony Monday to the Joint Committee on Economic Development and Emerging Technologies urging lawmakers to advance the measure.
“Massachusetts is planning for a once-in-a-generation summer,” Healey wrote, according to the Boston Globe. “In 2026, we will celebrate the 250th anniversary of our nation’s founding, welcome tall ships from around the world to Boston Harbor for Sail Boston, and host seven FIFA World Cup matches in Foxborough, along with watch parties across the Commonwealth.”
The governor argued that the added flexibility could help local economies benefit from an influx of visitors.
“That flexibility can help communities capture more visitor spending, support jobs, keep downtowns active, and strengthen Massachusetts’ image as a dynamic destination ready to host the world and a place our residents, including our young professionals, are proud to call home,” Healey wrote.
She also urged lawmakers to move the legislation forward, saying it will “help Massachusetts meet the full economic and cultural opportunities for the summer ahead.”
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Rhode Island bill proposes 24-hour bar hours during World Cup
In Rhode Island, a similar bill to allow bars and restaurants to remain open until 4 a.m. during the World Cup was signed into law on Friday.
Fiola’s bill remains before the Joint Committee on Economic Development and Emerging Technologies. Any final version would require approval from both the House and Senate before reaching Healey’s desk.
The meteor responsible for a loud boom heard in Rhode Island and Massachusetts Saturday afternoon was approximately 5 feet in diameter and weighed more than 12,000 pounds, according to NASA.
The object entered Earth’s atmosphere at roughly 42,000 mph, a NASA spokesperson said. It then traveled through the atmosphere from northwest to southeast for 26 miles before breaking up and producing a meteorite fall into Cape Cod Bay.
The energy released when the object broke up at an altitude of 31 miles is estimated to be equivalent to about 230 tons of TNT, according to NASA.
Professor Ralph Milliken of the Department of Earth, Environmental, and Planetary Sciences at Brown University spoke with NBC 10’s Mike Cerullo. (WJAR)
While it’s not very common to experience a 5-foot-wide meteorite, there is a significant amount of debris from space that reaches Earth.
“The estimates are that we probably have about 5,000 tons of cosmic dust and material and meteorites landing on Earth. The vast majority of that is super tiny stuff, we’re talking things that are smaller than a grain of sand, or the thickness of a human hair,” said Professor Ralph Milliken of the Department of Earth, Environmental, and Planetary Sciences at Brown University. “For something of this size a few feet across, it’s not that common, but a few a year. Most of these would occur over uninhabited areas, over the ocean, and we wouldn’t be able to see them, but they are detected.”
Because of its size, a meteorite with a 5-foot diameter is difficult to track before it enter Earth’s atmosphere.
“It’s virtually impossible to kind of know in advance of this size object coming,” Milliken said.
The area where a meteorite crashed in Cape Cod Bay. (WJAR)
Scientists are, however, able to track much larger space objects. NASA has been developing technology to try to deflect larger objects if needed.
Events like what occurred in New England over the weekend are recorded. Although other fireballs enter Earth’s atmosphere throughout the year, many of them materialize over water and uninhabited areas.
Massachusetts
Winners’ circle: Tracking every 2026 spring high school championship – The Boston Globe
Championship season is upon us, and we’re tracking every title winner in Massachusetts this spring.
From the golf sectionals in late May to championship weekend June 11-14, a four-day stretch in which 31 titlists will be crowned across boys’ and girls’ lacrosse, boys and girls’ tennis, boys’ and girls’ rugby, boys’ volleyball, softball, and baseball, we’ll have you covered.
Find all the dates, brackets, seedings, matchups, and links to our postseason previews here.
Follow us on X @GlobeSchools, Instagram @BGlobeSchools, and Facebook to stay up to date.
Over at Globe.com/Schools you’ll find our daily scoreboard, nightly Takeaways, game coverage, videos, live streams, and our weekly Varsity News newsletter (sign up for free) to keep you in the know.
Division 1: Lexington girls, St. John’s Prep boys
Lexington girls graduate to two-time Division 1 track champions, St. John’s Prep sprints to boys’ title
Division 2: Billerica girls, North Andover boys
Billerica girls unphazed by move up to Division 2, going back-to-back as North Andover boys dominate
Division 3: Canton girls, Walpole boys
Canton girls cap greatest season with first Division 3 track title, Walpole boys win by thinnest margin
Division 4: Duxbury girls, Newburyport boys
Historic win for Duxbury girls, Mohoric paces Newburyport boys to Division 4 outdoor track championship
Division 5: North Reading girls, Weston boys
It’s four in a row for North Reading girls, two straight for Weston boys at Division 5 track championships
Division 6: Ayer Shirley girls, Abington boys
Ayer Shirley girls pick up where they left off, Abington boys twinning at Division 6 track championships
Day 1, Divisions 1, 2, and 5: Lexington boys and girls setting the pace at Division 1 track & field championships
Day 1, Divisions 3, 4, and 6: Canton girls make a strong run to first at Division 3 track championships
South: Walpole | With Tori Adams as its driving force, Walpole scores third straight MIAA South girls’ golf championship
North/Central/West: Hopkinton | Concord-Carlisle’s Sophie Redmond, Hopkinton rule MIAA girls’ golf championship for North/Central/West
With titles for Natick and Peabody and smiles for all, MIAA unified track championship ‘beyond inspiring’
Brendan Kurie can be reached at brendan.kurie@globe.com. Follow him on X @BrendanKurie.
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