As the wait continues for the Ohio Supreme Court’s ruling as to what “direct physical loss of or damage to property” means in regard to recovering lost business income from COVID-19 shutdown orders, the U.S. Court of Appeals for the Sixth Circuit sided with an insurance company, relying on a September ruling in a similar case.

In the present case, the plaintiffs own and operate restaurants in Ohio, Indiana, Florida, Michigan and Pennsylvania. All filed claims with Zurich American Insurance Co. to recover lost business income they attributed to government orders restricting in-person dining in an effort to stop the spread of COVID-19, according to the circuit court’s opinion filed June 13.