In an unpublished decision, the Appellate Division rejected arguments made by fashion brand Tory Burch in a suit filed against its insurer, Zurich American, for property damage and business interruption due to the COVID-19 virus and pandemic and for breach of contract.

Tory Burch purchased an all-risk insurance policy from Zurich American that insured against “direct physical loss or damage to” the company’s property but contemplated only certain kinds of losses, according to the opinion. New Jersey’s Gov. Phil Murphy declared a state of emergency in March 2020 which caused Tory Burch to close its retail stores to the public through May 2020.

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