Pa. Dental Practice Not Covered for COVID-19 Losses, Judge Rules
October 18, 2021
PITTSBURGH — A Pennsylvania federal judge has dismissed a dental practice’s COVID-19 coverage action against Aspen American Insurance Co., finding it failed to allege “direct physical loss or damage” to its insured property, as required by the policy.
In an Oct. 15 order, Judge William S. Stickman IV rejected Warwick Dentistry’s argument that the COVID-19 business interruptions it experienced can be construed as “physical loss” or “physical damage,” because emergency procedures could still be performed at the office.
“The fact that Warwick was still able to access its facility, albeit only to serve patients with dental emergencies, highlights that its …