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Insurer wins COVID BI ruling in first jury trial on issue

Posted On: Oct. 28, 2021 6:54 PM CST


In what is the first jury trial on the issue, a Kansas City, Missouri, jury issued a verdict in favor of the insurer Thursday in a COVID-19 business interruption lawsuit filed by a restaurant chain.

The jury in U.S. District Court in Kansas City, Missouri, issued 10 separate verdicts, for each of the units of Overland Park, Kansas-based K.C. Hopps Ltd., in favor of the Cincinnati Insurance Co. on the chain’s breach of contract charges.

In September, trial court Judge Stephen R.  Bough, who had already ruled in plaintiffs’ favor in at least two COVID-19 business interruption lawsuits, also refused to dismiss the restaurant chain’s case.

On Wednesday, Cincinnati Insurance asked the judge to dismiss the case, seeking a judgment as matter of law on the basis that from the evidence “it is clear that this matter presents no question of fact that must be left to the providence of the jury.” But that proved unnecessary.

This was only the second trial on the issue to be held. Following a bench trial, in February a Louisiana state judge ruled in favor of Lloyd’s of London underwriters in a case filed by a New Orleans restaurant in  Cajun Conti LLC et. al. v. Certain Underwriters at Lloyds, London et al.