A federal appellate court on Tuesday dismissed a Covid-19-related lawsuit filed against Lloyd’s of London insurers by two pizzerias.
The plaintiff in the alleged class action lawsuit operates two properties, one bar and restaurant in Coral Springs, Florida, and another in Boca Raton, Florida, according to the ruling of the 11th U.S. Circuit Court of Appeals in Atlanta in GIO Pizzeria & Bar Hospitality, LLC, GIO Pizzeria Boca, LLC v. Certain Underwriters at Lloyd’s, London.
The short statement quoted the Court of Appeal’s decision earlier this month SA Palm Beach, LLC v. Some underwriters at Lloyd’s London for the benefit of the insurer, by confirming a decision of the U.S. District Court in Fort Lauderdale, Florida. The lawsuit was originally filed in the U.S. District Court for the Southern District of New York 2020.
“Since coverage under the plaintiff̵7;s insurance requires direct physical loss or damage to the covered property, and the losses here resulted from the intangible damage caused by covid-19, the plaintiff’s alleged losses and expenses are not covered under the insurance,” the three judges in the appellate court.
Lawyers in the case did not respond to a request for comment.