Uncle Nicky’s LLC v. Blackboard Insurance Co.
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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