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200 W. Washington St. Indianapolis, IN 46204

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In March 2020, the Indiana Repertory Theatre (IRT) shut down due to the COVID-19 pandemic. IRT made a claim for business-income coverage under its insurance policy with The Cincinnati Casualty Company. Cincinnati denied the claim, and IRT filed suit. The trial court granted summary judgment to Cincinnati, concluding that the presence of SARS-CoV-2 (the virus that causes COVID-19) on surfaces and in the air at the theatre does not constitute “physical loss” or “physical damage” under the policy. IRT appeals.

The scheduled panelists are Judge Crone, Judge Vaidik, and Judge Altice.

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