Art Biz Brings COVID-19 Coverage Suit To The 4th Circuit

Law360 (May 28, 2021, 7:27 PM EDT) -- An art class company has urged the Fourth Circuit to revive its proposed class action seeking pandemic-related loss coverage from Cincinnati Insurance Co., saying a West Virginia federal court wrongly asked it to show virus infections to allege physical harm.

Uncork & Create said Thursday the lower court incorrectly found that COVID-19 did not cause physical damage because none of Uncork's employees or customers were infected with the virus. The policy never requested such a condition to obtain coverage, the company said.

The lower court was not able to "find that traceable infections were necessary to show a 'physical loss' to...

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