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Insurer Prevails in First Substantive Appellate Ruling in COVID-19-Related Insurance Coverage Litigation | Carlton Fields

To embed, copy and paste the code into your website or blog: In what appears to be the first substantive appellate ruling in COVID-19-related insurance coverage litigation, the Eighth Circuit Court of Appeals in Oral Surgeons, P.C. v. Cincinnati Insurance Co. ruled in favor of the insurer and affirmed the trial court’s order of dismissal under Iowa law. The plaintiff in Oral Surgeons, a dental practice, allegedly sustained financial losses due to the COVID-19 pandemic and related government orders that temporarily restricted the plaintiff from providing non-emergency dental procedures. The plaintiff sought coverage for its alleged losses under a policy that provided coverage for lost business income and certain extra expense sustained due to the suspension of operations “caused by direct ‘loss’ to property.” The policy defined “loss” as “accidental physical loss or accidental physical damage.”

3 Risk Management Lessons From Pandemic Insurance Wars

3 Risk Management Lessons From Pandemic Insurance Wars
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