Iowa Casino Owner’s COVID-19 Coverage Action Tossed for Lack of Physical Damage

DES MOINES, Iowa — An Iowa federal judge has dismissed a casino owner’s COVID-19 coverage action against Zurich American Insurance Co., finding it failed to allege “direct physical loss of or damage to property,” as required by the policy.

In a Nov. 15 order, Judge Robert W. Pratt explained that under 8th Circuit precedent, mere loss of use of a property does not trigger coverage; rather, “there must be some physicality to the loss or damage of property — e.g., a physical alteration, physical contamination, or physical destruction.”

Great River Entertainment LLC owns, operates, and manages various entertainment …