231701P.pdf   02/12/2024  Mt. Hawley Insurance Company  v.  City of Richmond Heights, MO
   U.S. Court of Appeals Case No:  23-1701
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Benton, Author, with Erickson and Kobes, Circuit Judges] 
   Civil case - COVID 19. The City filed a claim with plaintiff seeking 
   coverage, under a commercial property policy, for tax revenue lost due to 
   government-mandated COVID-19 closures; the insurer denied the claim and 
   brought this declaratory judgment action seeking a ruling it was not 
   obligated to cover the losses; the district court granted the insurer a 
   declaratory judgment and dismissed the City's counterclaims. The City 
   appeals. The district court did not err in finding that the Additional 
   Covered Property Endorsement did not eliminate the need for a physical 
   loss or damage in order for coverage to be available; the district court 
   did not err in dismissing the City's claims for breach of contract, 
   vexatious refusal to pay, fraud in the inducement, and breach of fiduciary 
   duty; the district court did not err in denying the City's motion to amend 
   two of its counts - breach of contract and vexatious refusal to pay - on 
   futility grounds as the proposed amendment did not plead a physical loss 
   or damage as required by this court's COVID-19 insurance coverage case 
   law.