Miami Eatery Denied Coverage In Pandemic Coverage Suit

By Eli Flesch (September 1, 2021, 6:45 PM EDT) -- A Florida eatery isn't entitled to coverage for losses it sustained as a result of government pandemic restrictions, a federal court found, saying the restaurant didn't allege the kind of physical damage required for coverage under its all-risk policy.

U.S. District Judge Darrin P. Gayles found on Tuesday that the Miami-based Zest Restaurant and Market didn't show how the presence of the coronavirus at its property amounted to a physical loss under its Certain Underwriters at Lloyd's London policy.

The decision is one of the first following the Eleventh Circuit's ruling on Tuesday, which freed Cincinnati Insurance Co. from having to cover...

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