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Vandelay Hospitality Group, L.P. v. The Cincinnati Insurance Co.

Court: ND Tx  07/13/2021  Court Grants Motion to Dismiss COVID-19 Related Claims for Coverage Under Commercial Property Policy

After allowing insured leave to amended its complaint on two prior occasions to assert plausible claims for relief for losses resulting from COVID-19, a court of the Northern District of Texas granted commercial property insurer's motion to dismiss insured's claims finding that the presence of the COVID-19 virus did not cause covered direct physical injury or damage to insured's property, requiring dismissal of all of the insured's claims.

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