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Uncle Nicky’s LLC v. Blackboard Insurance Co.

Court: WD Tx  06/30/2021  Magistrate Recommends Dismissal of Insured's COVID-19 Claims

A magistrate of the Western District of Texas recommended that commercial property insurer's motion to dismiss be granted, finding insured restaurant's claims for losses relating to COVID-19 did not allege direct physical loss or damage covered under commercial property policy, and claims were also precluded by the policy's virus exclusion.

commercial property policy, COVID-19, direct physical loss or damage, motion to dismiss, FRCP 12(b)(6), virus exclusion

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