Terry Black’s Barbecue, LLC v. State Automobile Insurance Co.

Court: WD Tx  12/14/2020  Magistrate Judge Recommends Granting Insurer's Motion for Judgment on the Pleadings in COVID-19 Dispute

The magistrate judge found that the insurer did not breach its contract in denying coverage, as the insured did not establish "direct physical loss of or damage to property" as a result of the spread of COVID-19, and, moreover, the Restaurant Extension Endorsement required a showing that the civil authority orders at issue were the direct result of actual or alleged exposure at the premises, which had not been shown.

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Texas Insurance Codemotion for judgment on the pleadingsRule 12(b)(c)plausible claimCOVID-19direct physical loss of or damage to propertybusiness income loss claimCommercial property insurance policyrestaurant extension endorsementactual or alleged exposurerequest to amendbad faith

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