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A federal district court judge has asked the Ohio Supreme Court to rule on whether the presence of the COVID-19 virus can be considered an insured direct physical loss or damage to property under Ohio law. The case is Neuro-Communication Services Inc., etc. v The Cincinnati Insurance Co.; The Cincinnati Casualty Co.; and The Cincinnati Indemnity Co.

Judge Benita Y. Pearson, of U.S. District Court in Youngstown, has asked the Ohio Supreme Court to rule on the issue. The suit stems from a COVID-19 business interruption claim filed by an Ohio-based audiology company called Neuro-Communication Services Inc., against its insurer, The Cincinnati Insurance Co. (Cincinnati.)

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