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Appeal court rules for insurers in COVID-19 suit



In what appears to be the third federal appellate court decision in the case, the Eleventh U.S. Circuit Court of Appeals in Atlanta has ruled on dental care in a lawsuit against business interruptions.

Monday's Judgment of the 11th United States Circuit in Gilreath Family & Cosmetic Dentistry Inc. v. The Cincinnati Insurance Co. was similar to previous rulings of the 8th U.S. Circuit Court of Appeals in St. Louis. Louis and the third U.S. The Philadelphia Circuit Court of Appeals in denying coverage because the plaintiff had not claimed any "direct physical loss or damage" to property.

It was particularly similar to the Eighth Circuit Decision in that the plaintiff was also a dentist suing Cincinnati Financial.

In the latest judgment, a unanimous three-judge appellate court panel upheld a U.S. District Court decision in Atlanta in the case of Marietta, Georgia-based practice, and said "Gilreath has not stated anything that would qualify, for a layman or someone else, such as physical loss or injury … In fact, practicing deferred routine and election procedures, Gilreath still used the office to perform emergency procedures, the verdict said.

"Gilreath finds it problematic that its office is an enclosed space where virus particles tend to linger and where patients and staff have to interact closely.

“Nevertheless, we do not see how the presence of these particles would cause physical damage or loss of property. Gilreath has thus failed to allege that Cincinnati Insurance violated the insurance's "Business Income" or "Extra Expense" provisions, "the judgment said, which also denied coverage because the plaintiff was not entitled to coverage under its policy civil law provision of the same. reason.

Cincinnati issued a statement in part stating: “We thank the Court for its careful consideration of this case and are pleased with its decision confirming that neither the covid-1

9 pandemic nor the associated government-imposed restrictions constitute the direct physical loss or damage required to trigger coverage under our property insurance.

The dentist's lawyers did not respond to a request for comment.

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