U.S. Court of Appeals for the Eighth Circuit, 2022

United Hebrew Congregation of v. Selective Ins Co of America

United Hebrew Congregation of v. Selective Ins Co of America
U.S. Court of Appeals for the Eighth Circuit · Decided April 5, 2022

United Hebrew Congregation of v. Selective Ins Co of America

Opinion

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Court for the Eastern District of Missouri - St. Louis ____________ Submitted: March 22, 2022 Filed: April 5, 2022 [Unpublished] ____________ Before BENTON, LOKEN, and SHEPHERD, Circuit Judges.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 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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