Ky. Dental Practice’s COVID-19 Action Lacks Teeth, Federal Judge Rules

COVINGTON, Ky. — A Kentucky federal judge has dismissed a dental practice’s COVID-19 coverage action, ruling that it did not sustain a “direct physical loss,” as required by the policy, because there was no “actual, tangible, permanent, physical alteration” of the insured property.

In a June 4 order, Judge William O’ Bertelsman of the U.S. District Court for the Eastern District of Kentucky agreed with Cincinnati Insurance Co. that pure economic losses relating to the virus do not trigger coverage.

Ryan P. Estes D.M.D., M.S., P.S.C., the Kentucky Professional Services Corp. owns two dental offices in Kentucky. In March 2020, …