February 2024

Wayne D. Taylor and Ann M. Landrum, on behalf of Landmark American Insurance Company, along with attorneys for three other insurers, defeated an insured’s petition for a writ of certiorari in response to a unanimous ruling from the Georgia Court of Appeals affirming the dismissal of a lawsuit seeking coverage for lost business income resulting from the COVID-19 pandemic and shut-down orders issued by federal, state and local governments. The Court of Appeals had held that insurance coverage for “direct physical loss of or damage to” property does not extend to the intangible harm caused by COVID-19 or by a declaration of public emergency issued in its wake. According to the appeals court, direct physical loss always involves a tangible change to a property under Georgia law.