Ill. Federal Judge Refuses to Dismiss Dental Practice’s COVID-19 Coverage Action

CHICAGO — An Illinois federal judge has refused to dismiss a dental practice’s COVID-19 coverage action against Cincinnati Insurance Co., ruling that the policy term “direct loss” includes loss of use of an insured business premises.

In a Feb. 28 order, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois found “a reasonable factfinder could find that the term ‘physical loss’ is broad enough to cover a deprivation of the use of business premises.”

“That's the common meaning of ‘loss,’ and there is no basis to believe that the Cincinnati policy uses the …