8th Cir. Upholds Dismissal of COVID-19 Coverage Actions

ST. LOUIS — The 8th Circuit U.S. Court of Appeals has upheld dismissal of two COVID-19 coverage actions filed by a restaurant owner and dental practice, affirming that they failed to allege “direct physical loss of or damage to property,” as required by their policies.

In an April 22 opinion, the appellate panel agreed with the U.S. District Court for the Eastern District of Missouri that government orders requiring businesses to limit their operations do not cause tangible damage to property, and that mere loss of use does not trigger coverage.

Monday Restaurants LLC owns two restaurants in the St. …