EAST ST. LOUIS – Mascoutah dentist Erik Taube sued insurer The Hartford over lockdown losses on June 15, and proposed to lead a class action for Illinois dentists.
His lawyer Mark Goldenberg of Edwardsville claimed The Hartford should cover Taube under his business interruption policy.
The lawsuit filed in federal court says that The Hartford stated it wouldn’t cover the losses because a virus can’t cause physical loss or damage to property.
Goldenberg wrote that Taube’s loss wasn’t caused by the presence of viruses and there was no evidence the virus had ever been in his premises.
“Plaintiff’s loss was caused by the worldwide pandemic and, as recommended by the Centers for Disease Control and dental organizations, the need to prevent it from spreading to his employees, his patients and others,” the suit claims.
Taube also sued Twin City Fire Insurance, an affiliate of The Hartford.
According to the suit, Taube has practiced at 104 East Main for more than five years.
Except for emergencies, his practice was shut down from March 17 to May 13.
On May 8, the state health department recommended that dentists start reopening on May 11 consistent with its guidance.
The suit claims that dentists had difficulty opening because of the unavailability of sufficient masks, gowns, and shields.
“Dentistry is at the low end of the priority list for receiving needed personal protective equipment,” it claims.
It further claims that dentists incurred extra expenses to reopen.
For instance, Taube had to buy a high efficiency air filter for each room, gowns, seat covers, masks, and disinfection chemicals, the suit claims. Taube also extended cleaning appointments from 45 minutes to an hour because of extra paperwork and disinfection.
In May, Taube submitted a claim for coverage, and The Hartford rejected it on June 3.
Taube proposes to certify a class of Illinois dentists who carried business income coverage and a class for those who carried extra expense coverage.
Thomas Rosenfeld and Kevin Green of Goldenberg’s firm also represent Taube.
So do Richard Cornfeld, Daniel Levy, Anthony Bruning, Anthony Bruning Jr., and Ryan Bruning, all of St. Louis.
So does Alfredo Torrijos of Los Angeles.
The court clerk assigned Magistrate Judge Gilbert Sison, who will preside unless a party declines consent to magistrate jurisdiction.
If that happens, a district judge will preside.