Texas Judge Dismisses Dentist’s COVID-19 Coverage Action with Leave to Replead

DALLAS — A Texas federal judge has dismissed with leave to amend a Minneapolis dental practice’s COVID-19 business interruption coverage action, ruling that the complaint, as pled, does not adequately allege “direct physical damage or loss” to property.

In a Jan. 21 order, Senior Judge Sidney A. Fitzwater of the U.S. District Court for the Northern District of Illinois granted Dr. Christie Jo Berkseth-Rojas to file a second amended complaint against Aspen American Insurance Co. to plausibly allege that COVID-19 was present in her building or that it damaged or altered any property.

On March 19, Minnesota Governor Tim Walz, …