Ohio Federal Judge Finds for Cincinnati Insurance in Consolidated COVID-19 Coverage Action

COLUMBUS, Ohio — An Ohio federal judge has ruled in favor of the Cincinnati Insurance Co. in a consolidated COVID-19 coverage action, ruling that the policyholders, which include a catering company, live music venue and dental practice, did not sustain “direct physical loss,” as required by their policies.

In a Sept. 24 order, Judge Matthew W. McFarland of the U.S. District Court for the Southern District of Ohio ruled that “mere loss of use or function” is not a “direct physical loss.”

The judge added that the possible presence of COVID-19 on the plaintiffs’ premises does not cause “physical …