LNY 5003, L.L.C. v. Zurich American Insurance Co.
The Fifth Circuit Court of Appeals affirmed the district court's finding that diversity jurisdiction was established where non-diverse assignee of diverse insured's claims for COVID-19 losses under commercial insurance policies was invalid because assignment violated policies' anti-assignment clause and further held that insured restaurant group's claims should be dismissed where it failed to plausibly plead that the COVID-19 virus caused direct physical damage to property.
commercial insurance policy, assignment of claims, diversity, removal, motion to remand, anti-assignment clause, motion to dismiss, FRCP 12(b)(6), direct physical loss, COVID-19
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