The U.S. Court of Appeals for the Sixth Circuit Potter Stewart U.S. Courthouse, 100 East Fifth St., Cincinnati, Ohio. Courtesy photo The U.S. Court of Appeals for the Sixth Circuit Potter Stewart U.S. Courthouse, 100 East Fifth St., Cincinnati, Ohio. Courtesy photo

The U.S. Court of Appeals for the Sixth Circuit affirmed a Tennessee district court ruling denying insurance coverage to Retina Center of New Jersey over $1 million in income lost by the temporary closure of referral sources during the COVID-19 pandemic and, instead, found that the policy covered only termination or cancellation of that business for at least 60 days.

According to the opinion, Eye Centers of America, doing business as Retina Center of New Jersey, sued its insurer, Series Protected Cell 1, a Series of Oxford Insurance, over coverage for income lost during the temporary closure of referral resources during the coronavirus pandemic under its "Actual Net Loss Insurance Policy."