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Independence Barbershop, LLC v. Twin City Fire Insurance Co.

Court: WD Tx  11/04/2020  Insured's Claims for COVID-19 Time Limited Business Income Loss and for Class Certification Survive Motion to Dismiss

After an insured barbershop submitted claims for business income loss under a commercial property policy resulting from the governor's COVID-19 executive order closing insured's business, and the insurer denied the claim for lack of physical damage to the property and by application of the policy's "Fungi, Wet Rot, Dry Rot, Bacteria and Virus" exclusion, the court granted the insurer's motion to dismiss relating to claims pertaining to loss for physical damage to property, but denied the motion dismiss in part relating to an insured's plausible claim under limited exceptions for Time Element Coverage, and denied dismissal of insured's class certification claim because lack of standing was not shown under Fed. R. Civ. P. 23.

commercial property insurance policy, COVID-19, business income loss claim, motion to dismiss, motion for class certification, FRCP 23, virus exclusion, time element coverage exception, plausible claim

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