First Federal Appellate Ruling on COVID-19 Goes to Insurers

August 16, 2021
Alan Packer - Newmeyer Dillion

The United States Court of Appeals for the 8th Circuit recently issued the first federal appellate court decision in the country on the issue of business interruption coverage for COVID-19 losses. In Oral Surgeons P.C. v. Cincinnati Insurance Company, No. 20-3211 (8th Cir. 2021) the 8th Circuit found under Iowa law that an oral surgery practice in Iowa was not entitled to business interruption coverage because it had failed to allege or demonstrate “physical loss” or “physical damage” to its premises.

Mr. Packer may be contacted at alan.packer@ndlf.com



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