D.C. Appeals Court Upholds Ruling for Insurer in COVID-19 Coverage Action

WASHINGTON, D.C. — The District of Columbia Court of Appeals has upheld an award of summary judgment to Erie Insurance Exchange in a COVID-19 insurance action, affirming that mere loss of use of a property due to the pandemic and government closure orders does not trigger coverage.

In a March 2 opinion, the appellate panel agreed with the District of Columbia Superior Court that a group of area restaurants and bars did not sustain “direct physical loss of or damage to covered property,” as required by the Erie policies.

The panel explained that the terms “direct” and “physical” modify “loss” …