In Indiana Repertory Theatre Inc. v Cincinnati Casualty Company, the Court of Appeals today affirmed the denial of the plaintiff’s motion for summary judgment and the grant of the defendant’s motion for summary judgment. The court found that loss of use of the theater, alone, was not enough to satisfy the “physical loss or damage” requirement in the policy. Significantly, the court rejected the plaintiff’s reliance on out-of-jurisdiction cases holding that loss of use alone to be enough because these cases involved “policies that included language providing protection from ‘risk of’ loss.'” The court held that, absent that language, the plaintiff was required to show that the property was “destroyed or altered in a physical way that would require restoration or relocation.”
