Ohio Preschools Not Covered for COVID-19 Losses, 6th Cir. Affirms

CINCINNATI — A group of private preschool owners cannot recoup COVID-19-related business interruption losses from Philadelphia Indemnity Insurance Co. because there was no “physical loss of or damage to” insured property, the 6th Circuit U.S. Court of Appeals has affirmed.

In a Nov. 5 opinion, the appellate panel explained that without a material change in the property’s condition, there was no “damage,” and without dispossession or the property’s destruction, “loss” did not occur.

And without proof that someone with COVID was ever on the premises, there could not have been an “actual illness” at the preschools; therefore coverage under …