Colony Insurance Co. has asked the Fourth Circuit not to revive the Skillets restaurant chain’s suit over losses suffered due to the COVID-19 pandemic. The insurer claims that the eateries’ properties suffered no physical damage so the company was not denied coverage.

Tim Burns of Burns Bowen Baird LLP, who is representing Skillets, said, “Even though not a single Florida appellate court has ruled against coverage for COVID-19, Colony Insurance Company’s brief maintains that Florida case law favors them.” Burns believes his client will ultimately prevail, and that the court will, “read every word of one of these insurance policies before making pronouncements about what an isolated term means.”

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