11th Circ. Upholds Ga. Arcade's Pandemic Coverage Loss

By Eli Flesch (June 23, 2022, 8:52 PM EDT) -- A Georgia-based arcade company lost its appeal for coverage of its pandemic losses Thursday when an Eleventh Circuit panel ruled that the company failed to allege the kind of direct physical loss required for coverage under its Cincinnati policy.

Andretti Indoor Karting & Games, or AIKG, didn't show any tangible alterations to its entertainment venues, a precondition to any finding of covered direct physical damage or loss, the panel said. The Eleventh Circuit has consistently ruled against policyholders in pandemic coverage suits, and the judges in this ruling said provisions in AIKG's policy were "nearly identical" to those litigated in another...

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