Insured: Opinion Creates ‘Intra-Circuit’ Split On ‘Critical’ Insurance Law Issue

Mealey's (September 26, 2022, 1:20 PM EDT) -- CINCINNATI — A Midwestern restaurant chain insured on Sept. 23 filed a petition for panel rehearing or rehearing en banc of a majority of the Sixth Circuit U.S. Court of Appeals’ holding that it is not entitled to coverage under an insurance policy’s Restaurant Extension Endorsement and Business Income Coverage provision for its lost revenue arising from the coronavirus pandemic, arguing that the majority opinion injects “needless confusion” into Sixth Circuit case law....