A federal district court judge has asked the Ohio Supreme Court to rule on whether the presence of the COVID-19 virus can be considered an insured direct physical loss or damage to property under Ohio law. The case is Neuro-Communication Services Inc., etc. v The Cincinnati Insurance Co.; The Cincinnati Casualty Co.; and The Cincinnati Indemnity Co.

Judge Benita Y. Pearson, of U.S. District Court in Youngstown, has asked the Ohio Supreme Court to rule on the issue. The suit stems from a COVID-19 business interruption claim filed by an Ohio-based audiology company called Neuro-Communication Services Inc., against its insurer, The Cincinnati Insurance Co. (Cincinnati.)

Neuro-Communication purchased an all-risk insurance policy from Cincinnati. Soon after mandated COVID-19 shutdowns began, Neuro-Communication submitted a business interruption claim to the insurer, which was denied on the basis that it did not involve a direct physical loss to the property.