The U.S. Court of Appeals for the 11th Circuit has joined courts across the country in siding with an insurer against businesses trying to recover lost profits during the COVID-19 pandemic. The court issued a written opinion on June 6 citing the bleak track record for companies regarding pandemic-related claims.

Dukes Clothing LLC sued its insurance provider, The Cincinnati Insurance Company, after Alabama Governor Kay Ivey and the State Health Officer issued several executive orders restricting the operations of “non-essential” businesses, including retail stores.  Dukes has locations in Tuscaloosa, Alabama, and Mountain Brook, Alabama; both of which were forced shut down.