Minn. Dentist’s COVID-19 Coverage Action Dismissed for 2nd Time

DALLAS — A Texas federal judge has dismissed with prejudice a Minneapolis dentist’s COVID-19 business interruption coverage action, ruling that she failed to adequately allege “direct physical damage or loss” to property in its second amended complaint.

In a July 13 order, Senior Judge Sidney A. Fitzwater of the U.S. District Court for the Northern District of Illinois held that Dr. Christie Jo Berkseth-Rojas failed to plausibly allege that COVID-19 was present in her building or that it damaged or altered any property, both required to trigger coverage under her policy issued by Apsen American Insurance Co.

On March 19, …