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On July 2, the Eighth Circuit became the first Appellate court to consider and rule on business interruption insurance coverage in the wake of the COVID-19 pandemic, and issued a ruling in Oral Surgeons PC v. The Cincinnati Insurance Co., No. 20-3211, 2021 U.S. App. LEXIS 19775 (8th Cir. July 2, 2021)The court ruled that the lower court did not err in dismissing the suit brought by Oral Surgeons’ on the basis that it failed to plead any physical alteration to the property.

As one of more than 1,600 COVID-19 business interruption lawsuits nationwide, this case could set the precedent for ongoing business interruption litigation, forthcoming appeals and subsequent rulings on this issue. The editors here at the Insurance Coverage Law Center have capitalized on our relationship with some insurance industry thought leaders, and posed some questions to them regarding the appeal. Below are some of their answers.

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