Vandelay Hospitality Group, L.P. v. The Cincinnati Insurance Co., et. al.
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.
commercial property policy, COVID-19, direct physical loss or damage, motion to dismiss, FRCP 12(b)(6), breach of contract, declaratory judgment claims, Tex. Ins. Code Ch. 541 claims, Tex. Ins. Code Ch. 542 claims
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