A federal appellate panel Monday upheld the dismissal of a claim filed by The Oregon Clinic, which alleged its commercial property insurer improperly denied coverage for millions of dollars in its business income losses due to the pandemic.
A three-judge panel of the 9th U.S. Circuit Court of Appeals determined that “direct physical loss or damage” under Oregon law would require physical alteration of property, not merely a loss in revenue due to the spread of COVID-19 on its premises.
