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WILD EGGS HOLDINGS, INC. v. STATE AUTO PROP. & CASUALTY INSURANCE COMPANY

No. 21-5962.

48 F.4th 645 (2022)

WILD EGGS HOLDINGS, INC.; Wild Eggs Operations, LLC; Wild Eggs Franchising, LLC, Plaintiffs-Appellants, v. STATE AUTO PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 9, 2022.

Attorney(s) appearing for the Case

ARGUED: Edmund S. Sauer , BRADLEY ARANT BOULT CUMMINGS LLP, Nashville, Tennessee, for Appellants. Adam H. Fleischer , BATESCAREY LLP, Chicago, Illinois, for Appellee. ON BRIEF: Edmund S. Sauer , BRADLEY ARANT BOULT CUMMINGS LLP, Nashville, Tennessee, for Appellants. Adam H. Fleischer , Michael H. Passman , BATESCAREY LLP, Chicago, Illinois, for Appellee. Christopher E. Kozak , PLEWS SHADLEY RACHER & BRAUN, LLP, Indianapolis, Indiana, Edward M. O'Brien , Andrew-John Bokeno , WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP, Louisville, Kentucky, for Amici Curiae.

GRIFFIN, Circuit Judge, delivered the opinion of the court in which BOGGS, Circuit Judge, joined. MOORE, Circuit Judge (pp. 653-55), delivered a separate dissenting opinion.

OPINION

At the beginning of the COVID-19 pandemic, Indiana, Ohio, and Kentucky suspended in-person, "non-essential" business through respective "Stay at Home" orders. So plaintiff Wild Eggs1 halted dine-in operations at its restaurants in those states and then sought insurance coverage...

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