Dallas Law Firm Asks 5th Cir. to Reconsider COVID-19 Insurance Ruling

DALLAS — A Dallas law firm has asked the 5th Circuit U.S. Court of Appeals to reconsider its ruling upholding dismissal of a COVID-19 coverage action, arguing that the term “physical loss or damage” in the policy, issued by The Cincinnati Insurance Co., is ambiguous.

In a June 21 brief, the law firm of Ferrer Poirot & Wansbrough argued the appellate panel “failed to liberally consider the ‘broadening’ definition of loss, as alleged in Plaintiffs’ complaint and stated in the subject policy.” The firm contends it has adequately alleged physical “loss” or “alteration” of its properties.

“This case turns on …