STORY FROM: COVID-19 Litigation Report

Insurer Seeks Dismissal of Dentist’s COVID-19 Coverage Class Action

SEATTLE — An insurer has asked a Washington federal judge to dismiss a class action complaint in which a dental office is demanding coverage for business interruption losses arising from the COVID-19 pandemic, asserting that it is unsuitable for class treatment.

In a May 28 motion filed in the U.S. District Court for the Western District of Washington, The Dentists Insurance Co. (TDIC) says the case involves “highly individualized inquiries that will depend on the individual facts of each insured’s coverage situation and lost business income,” therefore the plaintiff cannot show predominance and superiority under Rule 23(b)(3).

“Moreover, in ...

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