Mich. Federal Judge Dismisses Dentist’s COVID-19 Coverage Action for Lack of ‘Physical Damage’
December 15, 2020
DETROIT — A Michigan federal judge has dismissed a dentist’s COVID-19 business interruption action, finding he failed to allege that his practice sustained “direct physical damage,” therefore Aspen American Insurance Co. is not obligated to pay his claim.
In a Dec. 14 order, Judge Robert H. Cleland of the U.S. District Court for the Eastern District of Michigan held that because Richard Kirsch DDS has not alleged that COVID-19 particles attached to and damaged his property, he cannot establish that COVID-19 caused tangible, physical damage to the property itself.
“Like other viruses, COVID-19 injures people but does not seem …
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