A Boston-based federal district court judge has dismissed a lawsuit filed last May by the Massachusetts-based high-end seafood chain, Legal Sea Foods. US District Court Judge Nathaniel Gorton agreed with defendant Strathmore Insurance Company that the COVID-19 virus did not result in the requisite physical damage to Legal Sea Foods’ property, notwithstanding government ordered shutdowns of the restaurant’s location. Consequently, the court found that the insurance company was not liable to pay out on the restaurant’s business interruption claim. The case is just the latest in a number of court decisions that have found in favor of defendant insurance companies. This decision comes on the heels of what you could call a split decision out of Philadelphia earlier last month when two separate decisions went in different directions on the subject. US District Court Judge Gerald McHugh ruled in favor of AMCO Insurance Co. in a lawsuit brought by Philadelphia deli Fuel Recharge Yourself Inc. finding that the “virus exclusion” meant the insurance company did not have to pay out on the business interruption claim. While a different US District Court declined to take jurisdiction over a similar case brought by a suburban clothing boutique against Selective Insurance, Inc. U.S. District Court Judge Gene Pratter ruled that it was still unclear whether the pandemic in fact caused direct physical loss, but let the case advance in state court. How the issue is ultimately decided remains to be seen, but the early innings are showing a weakness in the arguments put forth by restaurant industry plaintiffs.