Ind. App. Ct. Upholds Dismissal of Theatre’s COVID-19 Coverage Action

INDIANAPOLIS — An Indiana appellate court has upheld dismissal of a COVID-19 coverage action filed by the state’s largest professional nonprofit theatre, ruling it did not sustain “direct physical loss or damage” to its property, as required by the policy issued by Cincinnati Insurance Co.

On Jan. 4, the Court of Appeals of Indiana agreed with the trial court that Indiana Repertory Theatre Inc. failed to present evidence that its theatre was rendered uninhabitable or useless by government stay-at-home orders issued in response to the COVID-19 pandemic.

IRT presents live performances September through May and rents its facilities for other …