Florida Prohibition on Proof of COVID Vaccination Upheld by Divided Court
Posted on Oct 20, 2022 in Constitutional Law, Uncategorized | Comments Off on Florida Prohibition on Proof of COVID Vaccination Upheld by Divided Court
A Florida statute which prohibits all businesses operating in the state from requiring customers to provide documentary proof that they are vaccinated against COVID-19 does not violate the Free Speech and Commerce Clauses of the Constitution, a sharply divided Eleventh Circuit panel held in Norwegian Cruise Line Holdings Ltd. v. State Surgeon General, 2022 U.S. App. LEXIS 27997 (11th...
Court Denies Coverage in Another Covid-19 Case, This Time Under Georgia Law
Posted on Jun 15, 2022 in Insurance | Comments Off on Court Denies Coverage in Another Covid-19 Case, This Time Under Georgia Law
Recognizing that every federal and state appellate court has held that the presence of Covid-19 does not cause direct physical harm to a business’s property, the Eleventh Circuit has held again—this time under Georgia law—that Covid-related expenses and losses are not covered by a business insurance policy. In Henry’s Louisiana Grill, Inc. v. Allied Insurance Co. of America, 2022 U.S....
All-Risk Insurance Coverage Doesn’t Cover All Risks from COVID-19
Posted on May 11, 2022 in Insurance | Comments Off on All-Risk Insurance Coverage Doesn’t Cover All Risks from COVID-19
The Eleventh Circuit has answered an important and timely question about insurance coverage for business losses due to COVID-19. Under Florida law, an “all-risk” insurance policy covering direct physical loss or damage does not insure against losses and expenses incurred by businesses as a result of COVID-19. In SA Palm Beach, LLC v. Certain Underwriters at Lloyd’s London, 2022 U.S....
No Direct Physical Loss or Damage, No Coverage: All-Risk Policy Does Not Cover Lost Profits Due to COVID-19 Government Restrictions
Posted on Jan 21, 2022 in Insurance | Comments Off on No Direct Physical Loss or Damage, No Coverage: All-Risk Policy Does Not Cover Lost Profits Due to COVID-19 Government Restrictions
The Eleventh Circuit held that an insured’s policy did not cover the lost profits it suffered as a result of government restrictions implemented in response to the COVID-19 pandemic because the policy only covered “direct physical loss or damage.” Ascent Hospitality Management Co. v. Employers Insurance Co. of Wasau, 2022 U.S. App. LEXIS 1161 (11th Cir. Jan. 14, 2022), follows just a...