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Scott Seaman Discusses Persuasive Precedent Significance of Eighth Circuit COVID Coverage Ruling

August 6, 2021

Scott Seaman, the Chicago-based co-chair of Hinshaw's global Insurance Services Practice Group, discussed with Law360 the persuasive precedent significance of the Eighth Circuit's recent ruling in Oral Surgeons, P.C. v. Cincinnati Ins. Co. In a filing last week, an insurer in a COVID coverage case asked the Iowa Supreme Court to look to the ruling in Oral Surgeons that pandemic-related business losses do not cause "physical loss of or damage to" property triggering coverage.

Seaman said that while insurance coverage is generally a matter of state law, the Eighth Circuit's ruling – along with future ones by federal courts of appeal – will be cited by parties and considered by state courts:

"The Eighth Circuit ruling in Oral Surgeons was well-reasoned and will receive attention, particularly as the first substantive circuit court of appeal decision on COVID insurance coverage."

Read the full article on the Law360 website (subscription may be required)

"Iowa Justices Told About 8th Circuit Ruling on COVID Coverage" was published by Law360 on August 5, 2021.

Hinshaw & Culbertson LLP is a U.S. based law firm with offices nationwide and in London. The firm's national reputation spans the insurance industry, the financial services sector, and other highly regulated industries. Hinshaw also serves as counsel to the professional services sector, and provides business advisory and transactional services to clients of all sizes.