Judge Sends Virus Coverage Suit To Trial In 'Landmark' Ruling

By Eli Flesch (September 21, 2021, 8:38 PM EDT) -- A Missouri federal judge ruled Tuesday that a Kansas City restaurant and bar operator could be entitled to coverage for pandemic losses at trial, saying the physical loss or damage required for coverage includes contamination rendering a property unsafe.

U.S. District Judge Stephen R. Bough said a jury would best decide whether the operator, K.C. Hopps, could prove that it suffered covered damages as a result of the presence of the coronavirus at its property.

The decision is a rare policyholder victory in a pandemic coverage suit — one that specifically took aim at the major Eighth Circuit ruling, which found...

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