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Indiana theater group loses appeal of COVID case in state court



The Indiana Court of Appeals on Tuesday upheld a lower court ruling that the Indiana Repertory Theater is not entitled to covid19-related coverage of business interruptions from a unit in Cincinnati Insurance Co.

The Indianapolis-based court did not agree with the theatre's argument that its policy language was ambiguous as to whether the pandemic had caused physical loss or damage, according to the Indiana Repertory Theater v. The Cincinnati Casualty Co. and McGowan Insurance Group LLC.

The theater's "interpretation of" physical loss or physical injury "is unreasonable because it analyzes and dichotomizes the language of policy," the verdict said.

It "does not take into account the policy as a whole, as it does not correct its interpretation of" physical loss or physical damage "with the provision on" recovery period "in the insurance, which describes the time when the coverage begins and ends based on when the covered premises is & # 39; repaired, rebuilt or replaced & # 39; or & # 39; resumed operations in a new permanent location & # 39; ", the decision said.

" Without physical change or impact on the (theater) premises there is no period of restoration, and consequently the (theatre's) interpretation of "physical loss or physical damage" does not take into account the language of the policy as a whole, "was the judgment confirming the lower court's summary judgment for the insurer.

Attorneys in the case responded not on requests for comment or had no comment.

In December, the Ohio Court of Appeal ruled in favor of the insurer in a similar case, The Nail Nook, Inc. v. Hiscox Insurance Co. , holding the Bratenahl-based nail salon could not prove the direct physical loss or damage required for " business income or additional expense " coverage under its policy. [0296L590]. week, the 2nd U.S. Circuit Court of Appeals in New York became the latest federal appellate court to rule that a policyholder was not entitled to covid-1

9-related business interruption protection, in a case filed by an art gallery in New York against a unit and Hartford Financial Services Group Inc.


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