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Cinemark theater. Photo: Melanie Bell Cinemark theater. Photo: Melanie Bell

In a rare ruling, Cinemark theaters won the chance to keep litigating against its insurance company, seeking losses under a $500 million policy for business interruption from COVID-19.

U.S. District Judge Amos Mazzant of the Eastern District of Texas ruled that Cinemark Holdings Inc.’s allegations that COVID-19 entered its facilities—infecting 1,700 employees and physically changing the content of the air—were enough to survive Factory Mutual Insurance Co.’s arguments that the case should face an early dismissal.

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