A Florida dentist could not survive the carrier's motion to dismiss a business interruption claim due to closures for COVID-19. Martinez v. Allied Ins. Co. of Am., 2020 U.S. Dist. LEXIS 165140 (M.D. Fla. Sept. 2, 2020). The court's Order is here.

    The dentist alleged that the government mandated emergency declarations limited his dental practice. He claimed that he (1) incurred costs to decontaminate his dental office of the virus, and (2) lost business income because of the Governor's limitation of dental services to only emergency procedures during the COVID-19 pandemic.  

    Allied argued that the policy contained an exclusion for loss or damage caused "directly or indirectly," by "any virus, bacterium or other microorganism that induces or is capable of including physical distress, illness or disease."

    Because the dentist's damages resulted from COVID-19, a virus, neither the Governor's executive order narrowing dental services to only emergency procedures nor the disinfection of the dental office of the virus was a "Covered Cause of Loss" under the policy. The complaint was dismissed with prejudice.