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Cafe International Holding Co. LLCv.Westchester Surplus Lines Insurance Co.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.21-11930
Decided2022-05-13
ReporterNo. 21-11930 (11th Cir. 2022)
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
Eleventh CircuitInsuranceBusiness InterruptionCOVID-19Direct Physical LossFlorida LawSummary Judgment
Case Summary

A restaurant operator sought coverage for income lost when government orders and the COVID-19 pandemic interrupted its business. The policy covered business-income losses caused by direct physical loss of or damage to covered property. Applying Florida law and circuit precedent, the Eleventh Circuit held that the phrase requires a tangible alteration of property, not merely loss of use, reduced access, or economic harm caused by the presence or threat of a virus. Because the insured did not identify physical alteration requiring repair or replacement, its allegations did not trigger coverage. The court affirmed judgment for the insurer.

Opinion

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Cafe International Holding Co. LLC v. Westchester Surplus Lines Insurance Co. — The Atlanta Gleaner