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Third District Holds No Coverage For Covid-19 Related Economic Losses

In Commodore, Inc. d/b/a GreenStreet Café, Inc. v. Certain Underwriters at Lloyd’s London, etc., et al., No. 3D21-0671 (Fla. 3d DCA May 11, 2022), the Third District Court of Appeal affirmed a dismissal of a petition for declaratory relief, holding that alleged economic losses due to the COVID-19 pandemic were not covered under a policy of insurance. The court reasoned that coverage for loss of business income was for the suspension of operations caused by direct physical loss of, or damage to, the insured property, and the loss of the intended use of an eat-in restaurant alone is not a direct physical loss. Rather, actual, physical, tangible alteration to the insured property is required for coverage to be triggered. Read more here.


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