Pa. Businesses Fight Cincinnati's Bid To Sink Virus Suit

By Ben Zigterman (January 28, 2022, 5:52 PM EST) -- A group of Pennsylvania businesses pushed back against the Cincinnati Insurance Co.'s effort to dismiss their putative class action seeking coverage for COVID-19-related losses, arguing that a structural alteration is not necessary to have a covered "physical loss."

The businesses, which include dental clinics and restaurants, sued Cincinnati in October and argued Thursday that the loss of use of their properties for their intended use should qualify them for coverage based on the plain meaning of the phrase "accidental physical loss."

"These standard and typical definitions provide that 'accidental physical loss' means losing the ability to materially use brick-and-mortar property for...

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