8th Cir. Upholds Dismissal of Dental Clinic Chain’s COVID-19 Coverage Action
July 26, 2022
ST. LOUIS — An 8th Circuit U.S. Court of Appeals panel has upheld dismissal of a COVID-19 coverage action filed against Cincinnati Insurance Co. by a Midwestern chain of dental clinics, ruling it did not allege “direct physical loss” of property.
In a July 21 opinion, the appellate panel explained that direct physical loss” requires “some physicality to the loss or damage of property, rather than partial loss of use.
Rock Dental’s clinics suspended or reduced operations due to COVID-19 and orders from state and local authorities that mandated the suspension of on-site, non-emergency services.
Rock Dental sought coverage …