A Florida state appeals court refused Wednesday to dismiss a COVID-19-related lawsuit filed by a commercial landlord against a Berkshire Hathaway Inc. unit and Lloyd’s.

After its tenants were forced to limit their operations because of government-mandated closures, New York-based Infinity Biscayne Myrtle Members LLC filed suit against Berkshire Hathaway unit National Fire & Marine Insurance Co. and Lloyd’s, seeking to recover lost revenue under its all-risk insurance policy, according to the ruling by the 3rd District Court of Appeal in Miami in National Fire & Marine Insurance Co., et al. vs. Infinity Biscayne Myrtle Members, LLC.

The lawsuit charged anticipatory breach of contract, breach of contract, breach of covenant of good faith and fair dealing, and bad faith.

The insurers moved to dismiss the litigation on the basis that the anticipatory breach count was not a cognizable claim under Florida law and the remaining claims were premature because coverage issues had not yet been resolved. The trial court denied the motion and was affirmed by a three-judge panel.

The panel said the breach of good faith and fair dealing count “recites the failure of National Fire and Lloyd’s to act in good faith in adjusting Infinity’s loss, specifically alleging they ‘unreasonably withheld a formal coverage decision in bad faith.’”

This “appears to be merely a cloaked claim for bad faith, thus, in the absence of a coverage determination, premature,” the decision said.

In denying the insurers’ petition to dismiss the case, the panel said, however, “Despite this apparent prematurity, a vast body of binding precedent precludes a finding of irreparable harm in the current procedural posture.”

Infinity attorney Robert Zarco, founding partner of Zarco Einhorn Salkowsky and Brito PA in Miami, said, “We are very pleased with the decision. We believe that the 3rd District Court of Appeal got it right.”

Berkshire Hathaway’s attorney did not respond to a request for comment.