DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
223477P.pdf 12/11/2023 Armory Hospitality, LLC v. Philadelphia Indemnity Ins. Co.
U.S. Court of Appeals Case No: 22-3477
U.S. District Court for the District of Minnesota
[PUBLISHED] [Kobes, Author, with Gruender and Stras, Circuit Judges]
Civil case - COVID-19. Plaintiff had to close its business as a result of
executive orders issued by Minnesota's Governor during the pandemic, and
it sought to recover its business losses under the insurance policy it
carried with defendant; defendant refused coverage and plaintiff brought
this action. The district court did not err in dismissing the complaint on
the ground that the policy provisions plaintiff relied on - building
coverage clause and business income clause - did not provide coverage in
the absence of direct physical loss or damage to plaintiff's property --
see Oral Surgeons, P.C. v. Cincinnati Inc. Co., 38 F.4th 4 (8th Cir. 2022)
and related cases; there was no coverage under the civil authority clause
in the policy because plaintiff could not show causation.