In what appears to be only the second federal appeals court in the matter, the 6th U.S. Circuit Court of Appeals in Cincinnati on Wednesday ruled that an Italian restaurant is not entitled to covid-19 interruption coverage under its commercial real estate policy.  A unanimous Board of Appeal with three judges upheld a U.S. District Court ruling in Cleveland in Santo & # 39; s Italian Café LLC v. Acuity Insurance Co. The panel considered that Santosuossos, a restaurant in Medina, Ohio, had not determined that it was a direct physical loss or injury under the terms of the Sheboygan, Wisconsin-based Acuity policy.
"Whether one adheres to the terms themselves (a" direct physical loss of "property) or a thesaurus-rich rewriting of them (an" immediate "" obvious "" deprivation of property "), the conclusion is the same. The policy does not cover this loss ", says the verdict.
"The restaurant has not been significantly destroyed, whether in whole or in part. And the owner has not been significantly or concretely deprived of any of it. It still owns the restaurant and everything inside the space. And it can still use every square foot of the premises, even unless it is for personal use, "it said.
"Overall, the reasons for the suspension of the activity ̵
Lawyers in the case did not respond to a request for comment.