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Ilios Production Design, LLC v. The Cincinnati Insurance Co.

Court: WD Tx  04/12/2021  Magistrates Finds COVID-19 Related Claims Do Not Constitute Physical Loss Under Property Policy

A Magistrate of the Western District of Texas recommended that commercial property insurer's motion to dismiss be granted in connection with insured production company's claims for economic losses arising out of COVID-19 shutdowns, finding insured failed to allege physical loss to property as a result of the shutdowns and that insured's breach of contract and extra-contractual claims should be dismissed.

commercial property policy, COVID-19, direct physical loss, government shutdowns, business interruption, civil authority orders, damage to property, motion to dismiss, FRCP 12(b)(6)

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