A Pennsylvania private gym and fitness facility saw its COVID-19 coverage suit tossed when a federal judge sided with Cincinnati Insurance Co. that the physical contamination and loss of use alleged did not amount to physical loss or damage.

On Wednesday, U.S. District Judge Cynthia M. Rufe also rejected Newtown Athletic Club's motion to send its suit back to state court.

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Newtown is represented by Pamela D. Hans, John P. Lacey, Jr. and Dylan G. LaMorte of Anderson Kill P.C.