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A federal appeals court Thursday affirmed dismissal of a COVID-19-related business interruption case filed by a Fort Lauderdale, Florida, Italian restaurant against Chubb Ltd. and one of its units.
Cafe International Holding Co., which owns the upscale restaurant, filed suit against Chubb and Chubb Ltd. unit Westchester Surplus Lines Insurance Co., according to the ruling by the 11th U.S. Circuit Court of Appeals in Atlanta in Cafe International Holding Co. LLC v. Chubb Ltd., Westchester Surplus Lines Insurance Co.
In affirming a ruling by the U.S. District Court in Miami dismissing the case, a three-judge panel cited the appeals court’s ruling last week in SA Palm Beach v. Certain Underwriters at Lloyd’s London in its four-page opinion, stating that “some tangible alteration of the property is required” for “physical loss of or damage to” be established for coverage under the coverage.
“No Florida precedent suggests – much less holds – otherwise,” the panel said.
Attorneys in the case did not respond to requests for comment.