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DUKES CLOTHING, LLC v. CINCINNATI INSURANCE CO.

No. 21-11974.

35 F.4th 1322 (2022)

DUKES CLOTHING, LLC, Plaintiff-Appellant, v. The CINCINNATI INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: June 6, 2022.

Attorney(s) appearing for the Case

Phillip Ted Colquett , Colquett Law, LLC, Birmingham, AL, Raymond Matthew Glover , Prince Glover & Hayes, Tuscaloosa, AL, William H. Robertson, V , Gaither & Robertson, Eufaula, AL, for Plaintiff-Appellant.

Daniel G. Litchfield , Alan I. Becker , Laurence James William Tooth , Attorney, Litchfield Cavo, LLP, Chicago, IL, Augusta S. Dowd , William Chambers Waller, IV , White Arnold & Dowd, PC, Birmingham, AL, for Defendant-Appellee.

Laura A. Foggan , Crowell & Moring, LLP, Washington, DC, Wystan M. Ackerman , Robinson & Cole, LLP, Hartford, CT, for Amicus Curiae American Property Casualty Insurance Association.

Before Newsom, Tjoflat, and Hull, Circuit Judges.

This case presents an increasingly common question of insurance coverage and its interaction with the COVID-19 pandemic. The question here—arising under Alabama law—is whether an insurance policy that provides coverage for loss of business income caused by "accidental physical loss or accidental physical damage...

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