5th Circuit Affirms Dismissal Of Orthopedic Firm’s Coronavirus Coverage Dispute

Mealey's (April 4, 2023, 3:04 PM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on April 3 affirmed lower federal court’s dismissal of an orthopedic firm insured’s amended complaint for declaratory relief, bad faith, fraud and negligent misrepresentation over the denial of its business interruption claim related to COVID-19 shutdown orders, finding that the insured fails to satisfy the requirement of pleading an “accidental direct physical loss” to trigger coverage under the insurance policy....