Federal appellate courts have taken divergent paths in grappling with COVID-19 coverage cases, with some waiting to hear from state high courts, others consolidating the suits and still more issuing ruling after ruling in favor of insurers who say policies don't cover the economic stifling of a global pandemic.
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Aspen Specialty Insurance Co. urged the Eleventh Circuit on Thursday to back its win against a Florida steakhouse's COVID-19 business interruption coverage suit, pointing out that property insurance policies are not designed to extend to coverage against pandemics.
A Florida steakhouse has urged the Eleventh Circuit to revive its lawsuit seeking COVID-19 business interruption coverage from its insurer, criticizing a lower court's reliance on an influential opinion in the circuit involving "direct physical loss of or damage to" property.