Two federal appellate courts have again ruled that policyholders are not entitled to covid-19-related coverage of business interruptions, in lawsuits filed against Cincinnati Insurance Co.
Thursday's ruling by the 2nd U.S. District Court in New York Appeals Rye Ridge Corp. v. Cincinnati Insurance Co. is the second decision of the Court of Appeal in the matter.
The ruling of the 6th US Circuit Court of Appeals in Cincinnati in Ryan. Estes., DMD, MS, PSC v. Cincinnati Insurance Co. is the fifth judgment of that circuit.
The New York case was filed by delicacies in Rye Brook, New York and Stamford, Connecticut. In its brief judgment, the Court referred to its decision of December 27, 1
In the case of 6th Circuit, which filed by a dentist who runs two Kentucky dental clinics in Florence and Fort Thomas, a panel of three judges also based their opinion on the issue of physical loss.
The "average person" would not say that Estes suffered a "physical loss "of his dental surgeries when he described the injuries suffered by it in this case. Covid-19 did not destroy its dental surgeries, and the government's order to close it was not taken from them for a single day, ”said a panel of three judges, citing its previous ruling in Santo & # 39 ;s Italian Café LLC v. Acuity Insurance Co. and confirming a ruling by the U.S. District Court in Covington, Kentucky.
Lawyers in both cases did not respond to requests for comment.