Ohio High Court to Resolve COVID-19 ‘Loss or Damage to Property’ Question

CINCINNATI — The Ohio Supreme Court has agreed to resolve the question of “whether the general presence of COVID-19 in the community or the presence of the virus on surfaces at a premises” constitutes “direct physical loss of or damage” to property.

On April 14, a court majority agreed with Judge Benita Y. Pearson of the U.S. District Court for the Northern District of Ohio that it is “an important question of state law implicating many cases.”

“Dozens, if not hundreds of cases seeking coverage for losses related to the pandemic under policies similar or identical to that at issue …