A federal appeals court ruled Friday against a recreational park in Covid-19-related business-related litigation brought against Cincinnati Insurance Co.
Renaissance, which owns and operates Fun Park, a recreational facility in Louisville, Kentucky that includes go-karts, laser tag, miniature golf and arcade games, closed its park for three months to comply with Kentucky’s closure order in 2020, according to the ruling. of the 6th U.S. Circuit Court of Appeals in Cincinnati i Renaissance / The Park v. Cincinnati Insurance Co.
It brought an action against Cincinnati when it denied coverage. The U.S. District Court in Louisville ruled in favor of insurers and was upheld by a three-judge panel.
With reference to its previous rash in These v. Cincinnati Insurance Co., The Appeals Panel said: “Certainly the closure order prevented Renaissance from opening the park to customers, a ban which unfortunately resulted in the lost use of the park. But that way of loss is not the same as a ̵6;Immediately‘ ‘physical loss,‘” It said.
The ruling also said that “Renaissance seems to have a second theory of coverage”, which is that “when customers visited Fun Park before the closing order, some of them probably took covid-19 into the park, and thus, in words from the Renaissance,” pollute ” the park and causes the “direct” “physical damage”.
“However, this theory of recovery leaves much to the reader’s imagination,” said the verdict, which confirmed the lower court.
Lawyers in the case did not respond to a request for comment.