9th Cir. Affirms Dental Practice Cannot Recoup COVID-19 Losses from Insurer

SAN DIEGO — A Seattle dental practice cannot recoup COVID-19-related economic losses from Aspen American Insurance Co. because it did not sustain “direct physical loss of or damage” to property, the 9th Circuit U.S. Court of Appeals has affirmed.

On Oct. 20, the appellate panel agreed with the U.S. District Court for the Western District of Washington that government stay-at-home orders issued in response to the pandemic do not physically alter property, which is required to trigger coverage.

Shokofeh Tabaraie DDS PLLC experienced heavy economic losses beginning in March 2020 when state and local governments issued orders that temporarily prohibited …