A Florida state appeals court on Wednesday again ruled against a policyholder in a COIVD-19-related business interruption case, ruling that a wedding design company is not entitled to coverage.
The plaintiffs in the case, Homestead-Florida-based Suhaag Garden Inc. and Suhaag Garden Real Estate LLC., were deemed non-essential and forced to suspend operations in March 2020, according to Florida’s 3rd District Court in University Park in Suhaag Garden Inc., et al. v. Certain underwriters at Lloyd’s London, etc.
“Although Suhaag’s policy provided coverage for loss of income resulting from suspension of business operations, the express terms of the policy require that the suspension ̵6;must be caused by direct physical loss of or damage to property’ at premises described in the Declarations,” the policy said.
The judgment referred to the court’s decision in May i Commodore Inc. d/b/a GreenStreet Café Inc. v. Certain Underwriters at Lloyd’s London, etc., et al., in what was apparently the first Florida state appellate court decision on the matter, which also denied coverage, stating that the two cases are inseparable.
Attorneys in the case did not respond to requests for comment.