Miami Restaurant Owner Appeals Dismissal of COVID-19 Coverage Action to 11th Cir.

MIAMI — The owner of a Florida restaurant is appealing a federal court’s dismissal of its COVID-19 coverage action against Certain Underwriters at Lloyd’s London, arguing that under state law, an insured is not required to plead “physical damage” or “physical alteration” to be entitled to coverage for “direct physical loss of” its property.

In a Feb. 2 brief filed before the 11th Circuit U.S. Court of Appeals, SA Palm Beach LLC contends the trial court “ignored Florida law that it was bound to follow.”

In an April 22 complaint filed in the U.S. District Court for the Southern …