Armory Hospitality, LLC v. Philadelphia Indemnity Ins. Co., No. 22-3477 (8th Cir. 2023)
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In this case, the United States Court of Appeals for the Eighth Circuit heard an appeal by Armory Hospitality, LLC, an event venue in Minneapolis, Minnesota. Armory had an insurance policy with Philadelphia Indemnity Insurance Company and filed a claim to recover its business losses due to the closure of bars, restaurants, and performance venues for over a year by Minnesota’s Governor in response to the COVID-19 pandemic. The insurer denied the claim, leading to Armory suing. However, the district court dismissed Armory’s complaint, holding that the policy did not cover the losses, a decision which Armory appealed.
The Court of Appeals affirmed the district court’s decision. The court interpreted the insurance policy under Minnesota law, which requires unambiguous policy language to be given its plain and ordinary meaning. Armory sought coverage under three clauses in its policy: the Building Coverage clause, the Business Income clause, and the Civil Authority clause. The first two clauses required “direct physical loss of or damage to” Armory’s property, which the court decided had not been met since the closure of the venue due to the pandemic did not satisfy the physicality requirement. The court disregarded Armory's argument that the "loss of" property included its inability to use its venue, citing previous precedent requiring physicality for both "loss of" and "damage to" property.
As for the Civil Authority clause, the court found that Armory could not prove a causal link between the contamination of nearby properties (a hospital and a jail) by COVID-19 and the Governor’s orders to close venues. Hence, the court concluded that Armory could not recover under any of the clauses in its policy, and therefore affirmed the district court's dismissal of Armory's complaint.
Court Description: [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.
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