Miami Medical Spa’s COVID-19 Coverage Action Dismissed Without Prejudice

MIAMI — A Florida federal judge has dismissed a medical spa’s COVID-19 business interruption coverage action without prejudice, ruling that it failed to adequately allege “direct physical loss of or damage to” its insured property or nearby properties.

On Dec. 30, Judge Darrin P. Gayles of the U.S. District Court for the Southern District of Florida explained that Atma Beauty Inc. failed to clearly articulate the actual physical loss or damage to its salon.

“While Plaintiff argues that a loss of functionality of, access to, or intended use of the salon constitutes physical loss or damage, it is not supported …