Orthopedic Practice Not Covered for COVID-19 Losses, N.Y. Federal Judge Rules
September 28, 2021
NEW YORK — A New York federal judge has dismissed an orthopedic practice’s COVID-19 coverage action against National Fire Insurance Company of Hartford, ruling it did not sustain “direct physical loss of or damage to property” as required by the policy.
In a Sept. 23 order, Judge Vincent L. Briccetti of the U.S. District Court for the Southern District of New York explained that mere “loss of use” of a business does not trigger coverage under policies that require direct physical loss of or damage to property.
“Courts that have considered the question whether the loss of use of a …