The question of “does COVID constitute physical loss” has led to many discussions and over 1,500 lawsuits throughout the country. (Credit: gumpapa/ The owner of an Italian restaurant in Medina, Ohio, sued Acuity Insurance Co. under its commercial property insurance policy seeking to recoup lost income due to shutdown orders related to the pandemic. (Photo: gumpapa/

Insurers have argued that businesses seeking coverage for resulting income losses due to government shutdown orders were not covered under some commercial policies throughout the pandemic. That position was affirmed in a recent ruling by the U.S. Court of Appeals for the Sixth Circuit.

On Sept. 22, a three-judge federal appellate panel ruled in favor of Acuity Insurance Co. after a Medina, Ohio, Italian restaurant owner sued the insurer under its commercial property insurance seeking reimbursement for lost income as the result of statewide COVID-19 shutdown orders.

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Allison Dunn

Allison Dunn is a reporter on ALM's Rapid Response desk based in Ohio, covering impactful litigation filings and rulings, emerging legal trends, controversies in the industry, and everything in between. Contact her at [email protected] On Twitter: @AllisonDWrites.

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