United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-2752 ___________________________

United Hebrew Congregation of St. Louis

lllllllllllllllllllllPlaintiff - Appellant

v.

Selective Insurance Company of America, a New Jersey Corporation

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: March 22, 2022 Filed: April 5, 2022 [Unpublished] ____________

Before BENTON, LOKEN, and SHEPHERD, Circuit Judges. ____________

PER CURIAM.

Missouri synagogue United Hebrew Congregation of St. Louis appeals the district court’s1 dismissal of its diversity action raising claims under Missouri state

1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. law based on Selective Insurance Company of America’s denial of coverage for lost business income caused by the Covid-19 pandemic. Following a careful review, we conclude that the district court did not err in dismissing the case, see Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158 (8th Cir. 2014) (de novo review), as United Hebrew’s argument that its pandemic-related closure constituted a direct physical loss of property is foreclosed by our prior precedent, see Oral Surgeons, PC v. Cincinnati Insurance Co., 2 F.4th 1141, 1144 (8th Cir. 2021) (direct physical loss requires some physicality to the loss or damage of property, such as physical alteration, physical contamination, or physical destruction; mere loss of use without physical loss or damage does not suffice). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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