Dec.22.2020
Courts Dismiss COVID-19 Business Interruption Claims
On December 17, 2020, the district court for the Middle District of Florida granted DTW 1991 Underwriting Limited’s motion to dismiss a bar’s COVID-19 business interruption complaint. According to the court, because the plaintiff did not suffer any tangible damage, and instead alleged that its loss was tied to the government shutdown orders, the loss was only economic, which “is not the type of loss that [the] Defendant undertook to pay for based on the plain meaning of the language in the policy.” Order at 15. Finding amendment would be futile, the court dismissed the case with prejudice.