8th Cir. Upholds Dismissal of Midwestern College’s COVID-19 Coverage Action
March 3, 2023
ST. LOUIS — The 8th Circuit U.S. Court of Appeals has upheld dismissal of a university’s COVID-19 coverage action against Zurich American Insurance Co., affirming that it failed to allege “direct physical loss of or damage” to property, as required to trigger coverage under the policy.
On March 2, the appellate panel agreed with the U.S. District Court for the Eastern District of Missouri that Lindenwood University’s decision to switch to online learning and send students off campus did not constitute a “direct physical loss of” its property.
The panel rejected Lindenwood’s argument that coverage was triggered by the presence …