sixth Circuit Denies $1 Million ‘Lack of Referrals’ Insurance coverage Protection Discovering Non permanent Closure Is Not Termination of Enterprise

The U.S. Court docket of Appeals for the Sixth Circuit affirmed a Tennessee district court docket ruling denying insurance coverage protection to Retina Heart of New Jersey over $1 million in revenue misplaced by the short-term closure of referral sources in the course of the COVID-19 pandemic and, as an alternative, discovered that the coverage coated solely termination or cancellation of that enterprise for a minimum of 60 days.

According to the opinion, Eye Facilities of America, doing enterprise as Retina Heart of New Jersey, sued its insurer, Collection Protected Cell 1, a Collection of Oxford Insurance coverage, over protection for revenue misplaced in the course of the short-term closure of referral assets in the course of the coronavirus pandemic underneath its “Precise Web Loss Insurance coverage Coverage.”