Plaintiffs lose another COVID ruling in 8th Circuit
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The 8th U.S. Circuit Court of Appeals in St. Louis on Thursday issued its third ruling holding that plaintiffs were not entitled to COVID-19 business interruption coverage, in a case filed by two restaurants and a dental practice against a W.R. Berkley Corp. unit.
The litigation was filed by Monday Restaurants LLC, which operates two St. Louis restaurants, and a pediatric dental practice, according to the ruling in Monday Restaurants et al. v. Intrepid Insurance Co., et al.
The four-page ruling, which affirms a decision by the U.S. District Court of Appeals in St. Louis, states, “The insurer’s policies provide coverage for ‘direct physical loss of or damage to property.’…. Ultimately, the trigger has to be a ‘physical loss,’ which the businesses here fail to allege.”
Attorneys in the case did not respond to requests for comment.
The 8th Circuit previously ruled in favor of insurers in United Hebrew Congregation of St. Louis v. Selective Insurance Co. of America, a New Jersey Corp. and in Oral Surgeons, PC v. Cincinnati Insurance Co.
In Logan Bauer v. AGA Service Co., it ruled in favor of an Allianz SE unit in a putative class-action suit filed by an individual plaintiff seeking compensation for personal insured travel plans that were canceled because of the pandemic-related quarantine.
