In an important but not surprising decision, the 11th Circuit Court of Appeals followed the vast majority of court decisions that hold COVID does not cause the “direct physical loss of or damage to Covered Property” required by most property policies. SA Palm Beach, LLC v. Certain Underwriters at Lloyd’s London, Case #20-14812 (applying Florida law). The opinion is available for free at https://media.ca11.uscourts.gov/opinions/pub/files/202014812.pdf.
The same result was reached in unpublished opinions from the Court in Gilreath Family & Cosmetic Dentistry, Inc, 2021 WL 3870697 (11th Cir. 2021) (applying Georgia law) and in Ascent Hospitality Mgt. Co., LLC v. Employers Ins. of Wausau, 2022 WL 130722 (11th Cir. 2022) (applying Alabama law).
This decision should be binding on federal trial courts with COVID cases in Florida and also have a significant influence on COVID cases in federal courts in Georgia and Alabama.
