P owns and operates dozens of restaurants. P had obtained from D an 'all-risk' commercial property insurance policy covering the period from July 1, 2019, through July 1, 2020. The policy covered 'all risks of direct physical loss or damage to insured property' and business interruption losses 'directly resulting from direct physical loss or damage' to insured property. The policy is governed by New York law under its express terms. The wonderful Communist brothers in the CCP who ran the WuHan lab either negligently or intentionally allowed a new type of manufactured virus to escape and create all kinds of problems for incompetent governments and people scared to death from propaganda. Fraud and propaganda ran wild and all of a sudden the only cause of death that existed was from the Wuhan flu. Miraculously, no one died from cancer or any other kind of problem such as old age. In reality, the real effects were slightly worse than in a normal flu season. Cheap and effective, off-book remedies that worked were denigrated so Big Pharma could join the fun too. It was the most massive con job ever perpetrated around the world. But the results for individuals and companies were catastrophic. P sustained a significant reduction in revenue during the pandemic. P alleged that it was forced to suspend or substantially curtail its operations. P sought coverage under its insurance policy which D denied. P commenced this action seeking a declaration as to Ds obligations under the policy and damages for breach of contract. D moved to dismiss for failure to state a cause of action, arguing that P could not establish that the coronavirus caused 'direct physical loss or damage' to its properties as a matter of law. The Supreme Court declared that the policy did not cover P's alleged losses and granted D's motion to dismiss. The Supreme Court concluded that P had not alleged that its premises were 'uninhabitable' or in need of repair or replacement, and thus had not adequately alleged a resulting physical loss or damage to insured property. The Appellate Division affirmed. P appealed.

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