Mere ‘Loss of Use’ Does Not Trigger Coverage, Ohio Supreme Court Rules in COVID-19 Case

COLUMBUS, Ohio — The Ohio Supreme Court has ruled that “mere loss of use” of a premises caused by COVID-19-related government shutdown orders or virus contamination does not constitute “direct physical loss of or damage to property.”

In a Dec. 12 opinion answering questions certified by the U.S. District Court for the Northern District of Ohio agreed with Cincinnati Insurance Co. that the policy’s definition of the term “loss” as “accidental physical loss or accidental physical damage” necessarily requires that there be some physical damage to property.

Neuro-Communication Services Inc. d/b/a Hearing Innovations, an audiology practice, sought coverage from Cincinnati …