Fla. Furniture Retailer Urges 11th Cir. to Reinstate COVID-19 Coverage Action

ATLANTA — Furniture retailer Rooms To Go has asked the 11th Circuit U.S. Court of Appeals to reinstate its COVID-19 coverage action, arguing that the phrase “physical loss of” in its Aspen Insurance Co. policy includes loss of use.

In a March 29 brief, RTG argues that the U.S. District Court for the Middle District of Florida erred in ruling that under Florida law, the COVID-19 pandemic and stay-at-home orders did not cause “direct physical loss of or damage to property,” which is the basis for coverage under the policies.

“First, the district court did not properly apply the …