Insurance defense attorneys are finding cause for concern in a North Carolina ruling in a COVID-19 business interruption case.
Durham County Superior Court Senior Judge Orlando Hudson Jr. signed a pair of October orders that stand out from the early victories insurance companies have enjoyed in the majority of cases brought by policyholders seeking to claim losses for income they could not earn during the coronavirus pandemic. Hudson denied the Cincinnati Insurance Company’s motion for summary judgment in a lawsuit filed by the owners of 16 restaurants—North State Deli, Lucky’s, Mothers & Sons and more. That alone stood out. Only a handful of judges around the country have ruled against insurance companies in these cases—notably one in Missouri and one in New Jersey.
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