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Vandelay Hospitality Group, LP v. The Cincinnati Insurance Co.

Court: ND Tx  02/09/2021  Court Grants Insured Second Chance to Amend to Allege Plausibly Covered COVID-19 Claim

A court of the Northern District of Texas, after previously granting the insurer's motion to dismiss claims for COVID-19 losses under a commercial property policy and granting the insured leave to amend to assert plausible claims, granted the insurer's motion to dismiss a second time for the insured's failure to allege claims concerning physical loss to property, but granted the insured a second chance to amend its pleading to state plausible claims for relief.

property policy, COVID-19 losses, physical loss, restaurant closures, motion to dismiss, FRCP 12(b)(6), failure to state a claim, plausible claims, leave to amend

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