6th Cir. Upholds Dismissal of Ky. Dentist’s COVID-19 Coverage Action

COVINGTON, Ky. — A 6th Circuit U.S. Court of Appeals panel has upheld dismissal of a Kentucky dental practice’s COVID-19 coverage action, finding 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.

On Jan. 12, the appellate panel agreed with a Kentucky federal judge 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, Kentucky’s governor issued an order requiring dental …