SA PALM BEACH, LLC, on behalf of itself and all others similarly situated, Plaintiff-Appellant, versus CERTAIN UNDERWRITERS AT LLOYD'S LONDON, UNDERWRITERS AT LLOYDSLONDON KNOWN AS SYNDICATES CNP 4444, AFB 2623, AFB 623, BRT, 2987, BRT 2988, NEO 2468, SAM 727, AXS1686, XIS H4202, QBE 1886, DUW 1729, WBC 5886, CHN 2015, HDU 382, MSP 318, AGR, Defendants-Appellees.EMERALD COAST RESTAURANTS, INC., Plaintiff-Appellant, versus ASPEN SPECIALTY INSURANCE COMPANY, Defendant-Appellee.R.T.G. FURNITURE CORP., Plaintiff-Appellant, versus ASPEN SPECIALTY INSURANCE COMPANY, CRUM & FORSTER SPECIALTY INSURANCE COMPANY, EVANSTON INSURANCE COMPANY, EVEREST INDEMNITY INSURANCE COMPANY, HALLMARK SPECIALTY INSURANCE COMPANY, et al., Defendants-Appellees.ROCOCO STEAK, LLC, d.b.a. Rococo Steak, Plaintiff-Appellant, versus ASPEN SPECIALTY INSURANCE COMPANY, Defendant-Appellee., 32 F.4th 1347

Summary

HOLDINGS: [1]-The court held that under the majority view, which was legally sound under Florida law, a phrase like "physical loss of or damage to" property or "direct physical loss or damage to" property in an all-risk commercial insurance policy required a tangible alteration to the covered property and thus did not cover loss of use based on intangible and incorporeal harm to the property due to COVID-19 and the closure orders that were issued by state and local authorities even though the property was rendered temporarily unsuitable for its intended use and the properties had to be cleaned to eliminate the particles of the virus; [2]-Because a spoilage provision did not contain the language in question, and the district court had not addressed this claim in its order of dismissal, remand as to this claim was required.