By Ben Zigterman (March 17, 2022, 9:47 PM EDT) — An Iowa casino operator told the Eighth Circuit on Thursday that COVID-19 “physically contaminated” its properties and therefore its losses meet the requirements for insurance coverage under the circuit’s previous ruling in a coronavirus coverage suit.
In its opening brief, Great River Entertainment argued that U.S. District Judge Robert W. Pratt ignored its allegations of physical contamination when he dismissed its suit against Zurich American Insurance Co. in November.
Judge Pratt said that the Eighth Circuit’s decision in Oral Surgeons v. The Cincinnati Insurance Co. prevents coverage for economic losses and that Great River’s losses weren’t physical.
“The district court ignored…
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