2nd Cir. Upholds Dismissal of Conn. Dental Practice’s COVID-19 Coverage Action

NEW YORK — The 2nd Circuit U.S. Court of Appeals has upheld dismissal of a COVID-19 coverage action filed by a Connecticut dental practice, affirming that it failed to allege “direct physical loss of or damage to property,” as required by its policy, issued by Cincinnati Insurance Co.

On June 8, the appellate panel agreed with the U.S. District Court for the District of Connecticut that government orders limiting the practice’s operations to emergency procedures only do not cause tangible damage to property, and that mere loss of use does not trigger coverage.

Farmington Village Dental Associates LLC sustained economic …