Commodore, Inc. d/b/a GreenStreet Café, Inc. v. Certain Underwriters at Lloyd's, London
A Coconut Grove restaurant sought a declaratory judgment that COVID-19 closure orders caused covered business income losses under its all-risk commercial property policy, which required a suspension of operations 'caused by direct physical loss of or damage to property.' The Third District affirmed dismissal with prejudice, holding that the phrase unambiguously requires actual, tangible alteration to the insured property, and that loss of intended use alone is not enough.
Key facts
- GreenStreet Café, a Coconut Grove restaurant, sought declaratory judgment that COVID-19 government closure orders triggered business income coverage under its all-risk commercial property policy.
- The policy required a suspension of operations 'caused by direct physical loss of or damage to property' to trigger business income and extra expense coverage.
- +2 more key facts with a free trial
Why it matters
This is the Third District's leading published statement on COVID-19 business interruption coverage, aligning Florida with the majority federal rule that 'direct physical loss of or damage to' requires tangible… — full analysis with a trial
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