Pa. Hearing Aid Retailer Not Covered for COVID-19 Losses, Judge Rules

PHILADELPHIA — A federal judge has dismissed a Pennsylvania hearing aid retail chain’s COVID-19 business interruption coverage action against has Continental Casualty Co., ruling that the business has not experienced ““direct physical loss of or direct physical damage” as required by the “all-risk” policy.

On Jan. 14, Judge Chad F. Kenney of the U.S. District Court for the Eastern District of Pennsylvania found Clear Hearing Solutions failed to show that the function of its property was “nearly eliminated or destroyed,” or was made “useless or uninhabitable.”

Clear Hearing was forced to close its retail locations, and later limit operations, …