11th Cir. Upholds Dismissal of Miami Restaurant’s COVID-19 Coverage Action

11th Cir. Upholds Dismissal of Miami Restaurant’s COVID-19 Coverage Action

ATLANTA — The 11th Circuit U.S. Court of Appeals has upheld dismissal of a Miami restaurant’s COVID-19 insurance action, affirming that coverage was not triggered under a policy issued by Certain Underwriters at Lloyd’s London because government orders issued in response to the pandemic do not cause “tangible alteration” to property.

The appellate panel issued the opinion on Oct. 11, citing a recent decision in which it held that government orders issued in response to the pandemic do not cause “direct physical loss of or damage” to property.

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