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[APPEALS] Indiana Repertory Theatre, Inc. v. The Cincinnati Casualty Company, et al. No. 21A-PL-628

By Courts

Friday, November 19, 2021 1:30pm to 2:10pm

8670 West State Road 56, French Lick, IN 47432

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Due to the COVID-19 pandemic, masks must be worn during the entirety of the Oral Argument.  A recording of this event will be posted after the event at Oral Arguments Online.

In March 2020, the Indiana Repertory Theatre, Inc. (“IRT”) temporarily ceased offering live performances at its theatre in downtown Indianapolis due to the COVID-19 pandemic.  Shortly after closing for the 2019-20 season, IRT filed a claim with its insurance company, The Cincinnati Casualty Company (“Cincinnati Casualty”) for coverage under the terms of its Building and Personal Property Coverage.  Cincinnati Casualty denied the claim, and IRT sued for performance under the insurance contract.  After cross motions for summary judgment, the trial court found that damages incurred by IRT due to the COVID-19 closure were not covered under its insurance policy with Cincinnati Casualty.  IRT appeals, arguing the trial court erred in granting summary judgment in favor of Cincinnati Casualty because the terms “direct physical loss or damage” apply to the circumstances under which the claim was filed.  Amici League of Resident Theatres, Inc.; Independent Colleges of Indiana; and United Policyholders file briefs in support of IRT.  Amici American Property Casualty Insurance Association, National Association of Mutual Insurance Companies, and the Insurance Institute of Indiana file a brief in support of Cincinnati Casualty.


The scheduled panel members are:  Judges Riley, May and Weissmann

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