Court Declines Motion to Dismiss Claim of Coverage for Loss of Income, but Dismisses the Claim of Coverage Under the Civil Authority Provision

BVLaw
Court Case Digests
February 28, 2021
8021 Offices and Clinics of Dentists
621210 Offices of Dentists
economic damages & lost profits
dental practice valuation, insurance, business interruption loss, coronavirus, COVID-19, business interruption, physical loss, civil authority

Derek Scott Williams PLLC v. Cincinnati Ins. Co.
2021 U.S. Dist. LEXIS 37096
US
Federal Court
Illinois
United States District Court
Kennelly

Summary

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court declined to grant a motion to dismiss the claim of plaintiff as to coverage for loss of business income but does dismiss the claim of coverage under the civil authority provision of the policy. The court found the wording of the policy sufficiently vague, especially as to the meaning and definition of the word “loss.” In the case of the civil authority provision of the policy, the court decided that plaintiff has not alleged that “[a]ccess to the area immediately surrounding the damaged property is prohibited by civil authority.”

See Also

Derek Scott Williams PLLC v. Cincinnati Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court declined to grant a motion to dismiss the claim of plaintiff as to coverage for loss of business income but does dismiss the claim of coverage under the civil authority provision of the policy. The court found the wording of the policy sufficiently vague, especially as to the meaning and definition of the word “loss.” In the case of the civil authority provision of the policy, the court decided that plaintiff has not alleged that “[a]ccess to the area immediately surrounding the damaged property is prohibited by civil authority.”