Ind. Federal Judge Refuses to Remand COVID-19 Coverage Action, Says No Novel State-Law Issues Exist

INDIANAPOLIS — An Indiana federal judge has refused to remand a COVID-19 business interruption coverage action filed by the owners of 12 Indianapolis restaurants, rejecting plaintiffs’ argument that the case presents novel state-law issues that should be resolved by a state court.

In an Aug. 11 order, Judge Sarah Evans Baker of the U.S. District Court for the Southern District of Indiana agreed with defendant Citizens Insurance Company of America that while some of the factual circumstances in this case are novel, the legal issues presented are not.

Plaintiffs are Café Patachou at Clay Terrace LLC, Monon Holding LLC, …