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11th Circuit again rules for insurers in COVID cases



A federal appellate court on Wednesday upheld the dismissal of a Covid-19 related business lawsuit filed by a commercial property owner against an Endurance Reinsurance Corp. unit.

Miami-based Frontier Development LLC, which owns and leases commercial real estate throughout the United States, was insured under an “all risk” insurance policy issued by Endurance American Specialty Insurance Co., according to the ruling of the 11th U.S. Circuit Court of Appeals in Atlanta i Frontier Development, LLC v. Endurance American Specialty Insurance Co.

Frontier sued Endurance in the U.S. District Court in Miami, which ruled in favor of the insurance company. The decision was upheld by a three-judge appellate court panel and echoed the 1

1th Circuit’s nine previous decisions in the matter.

Frontier failed to “plausibly claim” that its “losses and expenses were caused by direct physical loss or damage to property – that is, by” a significant change “of Frontier’s properties required for coverage under the policy,” the panel said, referring to 11th Circuits. previous judgment in SA Palm Beach LLC v. Some underwriters at Lloyd’s, London, et. al.

Lawyers in the case could not be reached for comment.


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