6th Cir. Finds for Cincinnati Insurance in Consolidated COVID-19 Coverage Action

CINCINNATI — The 6th Circuit U.S. Court of Appeals has upheld a ruling in favor of Cincinnati Insurance Co. in a consolidated COVID-19 coverage action, ruling that the insureds, which include a catering company, live music venue and dental practice, did not sustain “direct physical loss,” as required by their policies.

In a June 8 opinion, the appellate panel agreed with the U.S. District Court for the Southern District of Ohio ruled that “mere loss of use or function” of a property is not a “direct physical loss,” and that the possible presence of COVID-19 on surfaces does not cause …