Oral Surgeons, P.C. v. The Cincinnati Insurance Co., No. 20-3211 (8th Cir. 2021)
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Oral Surgeons submitted a claim to Cincinnati for losses it suffered as a result of the suspension of non-emergency procedures due to the COVID-19 pandemic. Oral Surgeons maintains that the COVID-19 pandemic and the related government-imposed restrictions on performing non-emergency dental procedures constituted a "direct 'loss' to property" because Oral Surgeons was unable to fully use its offices.
The Eighth Circuit affirmed the district court's grant of Cincinnati's motion to dismiss, concluding that the policy unambiguously requires direct physical loss or physical damage to trigger business interruption and extra expense coverage, which Oral Surgeons did not allege. Therefore, the policy clearly does not provide coverage for Oral Surgeons' partial loss of use of its offices, absent a showing of direct physical loss or physical damage.
Court Description: [Wollman, Author, with Loken and Stras, Circuit Judges] Civil case - Insurance. Plaintiffs submitted a claim for losses its suffered as a a result of the governor of Iowa's suspension of non-emergency dental procedures because of the COVID-19 pandemic and the defendant refused coverage; the district court order dismissing the suit is affirmed; under the policy provisions providing for business interruption and extra expense, there must be some physicality to the loss or damage to the insured's property in order for coverage to attach, and pandemic did not qualify as a direct physical loss to property.
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