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Nationwide unit prevails in the COVID case



The 11th U.S. Circuit Court of Appeals in Atlanta on Friday continued its latest set of pro-insurance, covid-19 business interruption decisions by ruling against an Acworth, Georgia-based restaurant in its lawsuit against a Nationwide Mutual Insurance Co. unit.

As with the previous rulings of the 11th Circuit, a three-judge appellate panel considered that there was no “direct physical loss of or damage to” the plaintiff’s commercial property claimed under its coverage. The case is Henry’s Louisiana Grill Inc. and Henry’s Uptown LLC v. Allied Insurance Company of America.

“Although we assume that the governor’s covid-19 order caused loss because it deprived the restaurant of the use of its property which does not result in a profit for Henrys,”

; the decision said.

“Allied agreed to provide only one way of loss – it physical loss of Henry’s property, ”it said. “Henry’s has not claimed anything of the sort,” the panel said, confirming an October 2020 decision by the U.S. District Court in Atlanta.

The lawyers in the case had no comments or did not respond to a request for comment.


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