Ohio Eatery Not Entitled to COVID-19 Coverage, 6th Cir. Affirms

CINCINNATI — An Ohio Italian restaurant is not entitled to coverage from Acuity Insurance Co. for economic losses it sustained during the COVID-19 pandemic because they were not caused by “direct physical loss of or damage to property,” the 6th Circuit U.S. Court of Appeals has affirmed.

In a Sept. 22 opinion, the 6th Circuit U.S. Court of Appeals agreed with a lower court that neither the virus itself nor government shutdown orders issued in response to the pandemic caused Santo’s Italian Café LLC to sustain an “immediate, tangible deprivation of property.”

“The novel coronavirus did not physically affect the …