August 13, 2020
Boulware Law has recently been featured in the Kansas City Star following U.S. District Judge Stephen Bough’s ruling that denied the Cincinnati Insurance Company’s Motion to Dismiss a lawsuit based on business interruption losses caused by “direct physical loss” during the COVID-19 pandemic.
Boulware Law represents a hair salon business in Springfield, Missouri, along with three Kansas City area restaurants. After the businesses made claims on their “all risk” insurance policies with Cincinnati Insurance Co. to help cover their losses, the insurance company denied their claims.
On Wednesday, August 12th, Judge Bough ruled that the plaintiffs’ case was plausible enough to go forward on account that their “all-risk” policies covered them on five fronts after a calamity: business income, civil authority, ingress and egress, defendant property and sue and labor coverages.
Brandon Boulware, counsel for plaintiffs, said, “The Cincinnati policy … does not contain any exclusion for losses caused by the virus. The Court’s order correctly recognizes that. We look forward to moving ahead with this case.”
Similar cases have been surging into courtrooms nationwide, but this Order appears to be the first victory for policyholders across all cases.
With the Missouri Judge’s decision to deny in its entirety the defendant’s motion to dismiss, Brandon Boulware stated that, “This is a significant win for insureds.”
New York Times Article
Kansas City Business Journal Article
Law 360 Article