b'CASE LAW DEVELOPMENTSUnited StatesAppellate Courts Across the US Have Affirmed Dismissals of Coverage Claims for COVID-19Business LossesDuring the past year-and-a-half, federal and state trial courts across the country have dismissed more than 700 cases seeking coverage for business interruption losses caused by the COVID-19 virus and resulting government actions. In 2021, many of those dismissals reached appellate courts, where insurers winning momentum only accelerated. By year end, every appellate court to have addressed a COVID-19 business interruption case affirmed dismissal, without even a single judge dissenting.The Eighth Circuit in Oral Surgeons, P.C. v. The Cincinnati Insurance Co. was the first federal appellate court to affirm a dismissal. The Second, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits then followed suit. These business interruption cases have generally considered whether the presence of the virus constitutes direct physical loss or damage to property and whether various virus exclusions preclude coverage for business losses resulting from the COVID-19 viruss alleged presence at insured property and government orders intended to curtail the viruss spread. Appellate courts have unanimously held that neither the virus nor the government orders caused direct physical loss or damage and that virus exclusions also independently preclude coverage.The Seventh Circuits consolidated decision in Sandy Point Dental, P.C. v. The Cincinnati Insurance Co. exemplifies the reasoning of appellate courts across the nation. In response to Illinois March 2020 executive order, a dental practice suspended elective and routine services; an owner of food and beverage establishments suspended in-person dining at all its locations; and a hotel closed its in-person dining and experienced financial loss due to travel and social-distancing requirements. All three businesses sued Cincinnati Insurance Company after it denied coverage.156|Global Insurance Industry Year in Review 2021'