Minn. Hair Salon’s COVID-19 Coverage Action Dismissed Without Prejudice

MINNEAPOLIS — A Minnesota federal judge has dismissed a hair salon owner’s COVID-19 business interruption coverage action against IMT Insurance Co., ruling that “mere loss of use or function” of an insured premises does not constitute “direct physical loss” as required by the policy.

In an Oct. 16 order, Judge John Tunheim concluded that because Kenneth Seifert d/b/a The Hair Place and Harmar Barbers Inc. has not pled any facts showing that its business was contaminated by the COVID-19 virus, its claims “do not fall within the permissible realm of ‘direct physical loss.’”

However, Judge Tunheim allowed Seifert to amend …