11th Cir. Upholds Dismissal of Fla. Restaurants’ COVID-19 Coverage Action

ATLANTA — A federal appellate panel has upheld dismissal of restaurant owners’ COVID-19 coverage action against Certain Underwriters at Lloyd’s London, affirming that government restrictions issued in response to the pandemic do not cause “direct physical loss of or damage to” insured property.

In a May 17 opinion, the 11th Circuit U.S. Court of Appeals panel said the government orders did not cause “a tangible alteration of property,” which is required to trigger coverage.

GIO Pizzeria & Bar Hospitality LLC and GIO Pizzeria Boca LLC own Nick’s New Haven Style Pizzeria & Bar in Coral Springs, Fla., and Boca Raton, …