The defendant insurer in an ongoing covid-19 business interruption lawsuit asks the judge to dismiss the case.
Cincinnati Insurance Co. asked Judge Stephen R. Bough on Wednesday at U.S. District Court in Kansas City, Missouri, to dismiss the lawsuit filed by an Overland Park, Kansas-based restaurant chain in KC Hopps LTD. v. the Cincinnati Insurance Co. Inc.
In recent developments in the case, the restaurant chain on Thursday asked the judge to change its jury instructions in several places.
In September, Judge Bough, who had already ruled in favor of the plaintiff in at least two lawsuits over covid- 19 company interruptions, did so again when he refused to dismiss the restaurant chain's case.
The insurer's lawyers said in Wednesday's report that a judgment by law is appropriate because "after hearing the plaintiff's case and after seeing the plaintiff's evidence, question does not constitute a matter of fact which must be left to the discretion of the jury. " for three reasons: Plaintiffs have failed to prove that the virus was present; that the virus was the cause of its alleged loss; and that even if the losses caused by the state orders restricting its business caused physical alteration of the property, it is excluded from coverage.