Mo. Dental Practices Not Covered for COVID-19 Losses, 8th Cir. Affirms

ST. LOUIS — An 8th Circuit U.S. Court of Appeals panel has upheld dismissal of a COVID-19 coverage action filed by several Missouri dental and orthodontic practices, affirming they did not allege “direct physical loss” of property, as required by their policies.

In a July 7 opinion, the appellate panel explained that direct physical loss” requires “some physicality to the loss or damage of property, rather than partial loss of use.

Following recommendations from the Center for Disease Control, American Dental Association, and Missouri Dental Board, the plaintiff practices performed only emergency procedures during the first months of the COVID …