November 2022

Wayne Taylor and Anne Landrum, on behalf of Landmark American Insurance Company, along with attorneys for three other insurers, obtained 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 in the Fulton Superior Court, Business Case Division. The court held that the coronavirus cannot cause “direct physical loss of or damage to” property as required by the policies. Because there was no actual change or alteration in the property, there was no coverage for lost business income caused by the shut-down orders issued as a result of the coronavirus pandemic.