A Georgia dental practice's lawsuit was dismissed March 1 by a federal judge who said Cincinnati Insurance doesn't have to cover the practice's COVID-19 related losses, reports Law360.
Marietta, Ga.-based Gilreath Family & Cosmetic Dentistry filed suit in May 2020, claiming the insurer must cover business interruption losses. Gilreath argued routine and elective procedures affected by shutdown orders were an essential part of its revenue.
Cincinnati Insurance claimed the shutdown didn't bar the insured from its office, as Gilreath could offer emergency procedures. No Georgia case recognizes the effects of a virus as direct physical loss to property, the insurer argued.
Because there wasn't any direct physical loss or damage tied to the practice's suspension of nonemergency procedures, the case couldn't stand, the judge ruled.
Law360 requested comment but was unable to reach counsel for either side.