Judge Refuses To Dismiss Restaurants’ Amended Complaint In Coronavirus Coverage Suit

( March 18, 2026, 10:50 AM EDT) -- DURHAM, N.C. — Three months after granting a commercial property insurer’s motion to dismiss claims for breach of the implied covenant of good faith and fair dealing and unfair and deceptive trade practices brought by four Durham restaurants seeking coverage for their business interruption losses arising from the lockdowns prompted by the COVID-19 pandemic, a federal judge in North Carolina denied the insurer’s motion to dismiss the insureds’ amended complaint because it now includes facts that make the claims plausible to the extent that they are based on the insurer’s conduct since the North Carolina Supreme Court’s ruling in N. State Deli, LLC v. Cincinnati Ins. Co....