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REPERTORY THEATRE v. CINCINNATI CASUALTY

Court of Appeals Case No. 21A-CP-2848.

203 N.E.3d 555 (2023)

INDIANA REPERTORY THEATRE, INC., Appellant-Plaintiff, v. The CINCINNATI CASUALTY COMPANY, Appellee-Defendant.

Court of Appeals of Indiana.

Filed February 13, 2023.

Attorney(s) appearing for the Case

Attorneys for Appellant: George M. Plews , Peter M. Racher , Kevin M. Toner , Gregory M. Gotwald , Ryan T. Leagre , Christopher E. Kozak , Plews Shadley Racher & Braun LLP, Indianapolis, Indiana.

Attorneys for Appellee: Dennis M. Dolan , Litchfield Cavo LLP, Highland, Indiana, Richard R. Skiles , Skiles DeTrude, Indianapolis, Indiana.

Case Summary

[1] Last year, a panel of this Court held that the temporary closure and loss of use of the Indiana Repertory Theatre ("IRT") due to the general societal danger presented by the COVID-19 pandemic did not constitute "physical loss" or "physical damage" to the theatre that would trigger business-income coverage...

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