Posted on 06/19/2022 4:04:44 PM PDT by george76
The ruling on Wednesday is the first win in appellate court for a restaurant seeking business interruption insurance losses..
Oceana Grill, Bourbon Street’s tourist-centric restaurant loved by New Orleans hotel concierges, has won the country’s first victory in appellate court for an insured business seeking damages related to COVID-19 shutdown losses. A split Louisiana court found the policy’s definition of “direct physical loss or damage” ambiguous, ruling in favor of the restaurant on Wednesday, June 15.
Cajun Conti, the company that owns Oceana Grill, among other French Quarter tourist haunts, sued Lloyd’s of London on March 20, 2020 — the same day the restaurant shut down — seeking coverage for losses incurred while Louisiana’s restaurant dining rooms were closed due to the pandemic. A lower court previously denied Cajun Conti’s request to seek damages from its insurer, but the decision this week reversed that decision on appeal, ruling 3-2 that Lloyd’s owed coverage under its policy — because it can be interpreted as ambiguous.
...
Oceana Grill’s parent company was one of the first, if not the first, to file a COVID insurance coverage lawsuit, though many more followed. The general consensus was that the pandemic wouldn’t qualify for business interruption assistance, as it was created to cover closures due to property damage from natural disasters. This court, however, found that the wording is open to interpretation and that physical damage did not have to be “obvious and observable.”
Oceana Grill is a massive, 500-seat building that draws tourists almost exclusively, and is always busy, with a line often running down the block on Friday and Saturday nights. It’s previously known for a Gordon Ramsay’s Kitchen Nightmares television appearance in 2011, after which it sued the show to block the episode from airing. The episode ran anyway, and when an old clip resurfaced on the show’s Facebook page in 2018, Cajun Conti sued Ramsay directly for defamation and for the specific clip from the episode to be blocked from use.
According to Law360, one of the policyholder attorneys involved said the “dam has broken” with the ruling, paving the way for other appellate courts to agree. For more background on the lawsuit and ruling, see Law360’s rundown or reporting from Reuters.
Either it is a government taking or an insurance loss.
The law might be different in Louisana as opposed to the rest of the US. The Obvious French law differences from English common law might find different rulings in the rest of the 49 states. US Court rules agains Lloyds of London....
Hi.
Normally business interruption insurance has riders and exclusions, deductibles, reporting requirements etc.
For example, you got a war in your country, forget it.
Hurricanes, riots, employee strikes etc can be covered.
A government shutting down your business because of a “pandemic” is uncharted territory.
5.56mm
Port of Seattle Police Officer and Special Forces Veteran Greg Anderson reminded officers to respect the Bill of Rights — then his bosses fired him ..
His offense, a viral post which Greg Anderson refused to take down… officers nationwide enforcing tyrannical orders against the people and I’m hoping it’s the minority of officers, but I’m not sure anymore. We do not get to violate someone’s constitutional rights because somebody in our chain of command tells us otherwise…
https://freerepublic.com/focus/f-news/3844217/posts
Politically mandated lockdowns and shutdowns helped big corporations — hurt small restaurants, and other mom & pop businesses. = by design / cold, calculated evil..
Harvard Data (Accidentally) Reveal How Lockdowns Crushed the Working Class While Leaving Elites Unscathed..
https://freerepublic.com/focus/f-news/3968987/posts
We’ve dined there. I would recommend it if you’re in NOLA.
The lockdown was never needed. The hospitals were never overrun, the mortality rate has been a fraction of what the “scientists” predicted. The “data” has all been corrupted... 2 weeks to flatten the curve.
http://www.freerepublic.com/focus/f-news/3848881/posts
The original Imperial College - Ferguson excuse that Fauci promoted :: flatting out the alleged curve (2.2 million dead Americans & 500,000 dead Brits) so that hospitals do not get overwhelmed
Brazil is next….Bolsonaro is a popular president, but Lula is going to win a la Biden….
A new and great book addresses our world wide Covid panic B$, explains the B$ and has some suggestions.
https://rumble.com/embed/ucfsd.v1496tb/
Available at Amazon in paperback and on Kindle.
The Great Covid Panic: What Happened, Why, and What To Do Next! By: Paul Frijters, Gigi Foster,
How to make sense of the astonishing upheaval of Spring 2020 and following? Normal life – in which expected rights and freedoms were taken for granted – came to be replaced by a new society as managed by a medical/ruling elite that promised but failed to deliver virus mitigation, all in the name of public health. Meanwhile, we’ve lost so much of what we once had: travel freedoms, privacy, a democratic presumption of equality, commercial freedoms, and even the access to information portals. Something has gone very wrong.
To make sense of it all, the Brownstone Institute is pleased to announce the publication of The Great Covid Panic: What Happened, Why, and What To Do Next, by Paul Frijters, Gigi Foster, and Michael Baker. Combining rigorous scholarship with evocative and accessible prose, the book covers all the issues central to the pandemic and the disastrous policy response, a narrative as comprehensive as it is intellectually devastating.
In short, this is THE book the world needs right now.
In the Great Panic of early 2020, nearly every government in the world restricted the movement of its population, disrupted the education of its children, suspended normal individual liberties, hijacked its healthcare system, and in other ways increased its direct control of people’s lives. Attempts to control the new coronavirus in most countries made the number of deaths from both the virus and other health problems rise. Some countries and regions snapped out of the madness in early 2021 or even before. Yet other governments, still in 2021, were ever more fanatically obsessed with control.
Why did 2020 become, so suddenly and so forcefully, a year of global panic over a virus that for most people is barely more dangerous than a standard-issue flu virus?
This book reveals how the madness started, what kept it going, and how it might end. This is also a book about stories and experiences, some real and some fictionalized to protect identities. Join Jane the complier, James the decider, and Jasmine the doubter, the three core protagonists of the narrative part of the book.
Their experiences illustrate what happened to individuals and through them to whole societies, telling us — if we care to listen — how to avoid a repeat. This literary presentation is mixed with detailed reports of the actual data and deep research that has generally been obscured in the midst of media madness and obfuscation by public-health authority.
https://rumble.com/embed/ucfsd.v1496tb/
Mixed feelings about this.
But, it will pit the insurance companies against the gov’mt Aholes who ordered lockdowns. Campaign chests are gonna go dry.
While I am happy that businesses that were hurt (badly!) during the BOGUS Covid shutdowns, to rid us of one of our greatest Presidents EVER, you DO understand who WILL be paying for all of this, right?
Yep. ‘We The People.’
BOHICA!
#4 No pandemic. It was a chinese virus with socialist help to do a great reset no matter how many must die to obtain it.
Oregon Business owners: state officials know unconstitutional Lock downs do Not slow the spread of covid, but they are doing them anyway..
The lock downs are based on surging “cases” which are based on false positive PCR test results..
Christians tear down metal fences, denounce the closure of Grace Life Church..
https://freerepublic.com/focus/f-bloggers/3949749/posts
Burbank tyrants put chain-link fence around mom & pop restaurant Tinhorn Flats in efforts to kill it … totalitarian city of Burbank cuts power, phones at Tinhorn Flats Saloon & Grill….
https://freerepublic.com/focus/f-news/3949808/posts
BTTT!
How about suing the government or even politicians personally?
A republic– if you can keep it..
The New York mask mandate is unconstitutional and a violation of state law. . null, void and unenforceable..
https://freerepublic.com/focus/f-news/4032379/posts
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