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Law360 Quotes Leary on First Appellate COVID-19 Insurer Coverage Win

Law360

August 4, 2021

Kieran W. Leary (Of Counsel- Dallas, TX | Houston, TX | Austin, TX | Miami, FL| Orlando, FL) was quoted in a July 2, 2021, Law360 article titled “8th Circ. Gives Insurer First Appellate COVID Coverage Win.” The article focuses on the precedential impact on pending COVID-19 business interruption lawsuits of Oral Surgeons, P.C. v. Cincinnati Ins. Co., No. 20-3211, 2021 U.S. App. LEXIS 19775 (8th Cir. July 2, 2021).

Oral Surgeons was the first appellate decision for a COVID-19 business interruption lawsuit and presented the question of whether the COVID-19 pandemic and related government-imposed restrictions constituted direct “accidental physical loss or accidental physical damage” under the policy.

Kieran told Law360 that he agreed with the Eighth Circuit's ruling but noted the appeal came from a relatively early COVID-19 suit that didn't claim the coronavirus was physically present on the policyholder's property or that the surrounding air was physically altered. Kieran opined that these types of allegations still don't state a claim, but he noted that "[t]his issue has yet to be decided by the Eighth Circuit."

Read the Law 360 article.

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