Atlanta Restaurant Appeals Dismissal of COVID-19 Business Interruption Coverage Action

ATLANTA — The owner of an Atlanta restaurant has appealed a federal judge’s dismissal of its COVID-19 business interruption coverage lawsuit against Allied Insurance Co., arguing that the policy phrase “physical loss of property” encompasses loss of use of its premises due to government closure orders.

In a Dec. 14 appellate brief filed in the 11th Circuit U.S. Court of Appeals, Henry’s Louisiana Grill Inc. and Henry’s Uptown LLC further argued that the trial judge should have certified to the Georgia Supreme Court the question of whether a policy providing coverage for “physical loss of or damage to” property and …