Ky. Amusement Park Loses Bid for COVID-19 Coverage at Appellate Level

ST. LOUIS — A Kentucky amusement park cannot recoup its COVID-19 losses from The Cincinnati Insurance Co. because it did not experience “accidental physical loss or accidental physical damage,” as required by the policy, a federal appellate panel has affirmed.

On May 20, the 6th Circuit U.S. Court of Appeals panel predicted the Kentucky Supreme Court would rule that the phrase requires “tangible destruction or deprivation of property,” and that neither the virus nor government closure orders cause such damage.

In March 2020, Renaissance/The Park LLC d/b/a Renaissance Fun Park suspended operations in its recreational facility in compliance with government …