Florida Circuit Judge Bradley G. Harper awarded Mound Cotton’s client a partial dismissal of property damage claims made by an international real estate investment company.

Plaintiff alleged that the presence of COVID-19 physically damaged property by attaching itself to surfaces and preventing access to the property. Judge Harper ruled that because “virus particles can be removed by cleaning or disinfecting, [Plaintiff’s] argument that surfaces ‘absorb’ them isn’t enough to prove physical loss or damage.”

This decision aligns with precedents set in state and federal courts across the U.S. which dismiss claims for coverage that allege COVID-19 caused physical damage.

Partner William Wilson and associate Brooke Turetzky represented Continental Casualty Co. in the case.

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