DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
212462P.pdf 04/22/2022 Monday Restaurants v. Intrepid Insurance Company
U.S. Court of Appeals Case No: 21-2462
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Shepherd and Stras, Circuit Judges]
Civil Case - Diversity - Insurance. Two restaurants and a pediatric dental
practice sought coverage for loss of business income and extra expenses,
incurred during the COVID pandemic. The district court's grant of summary
judgment to insurers is affirmed. Coverage required direct physical loss
of or damage to property, and COVID was not physically present and nothing
physical happened to the property. There is no distinction between "loss
of" and "damage to" property, as ultimately, the trigger has to be a
physical loss.