Green
Mascoutah dentist Erik Taube argues that his lockdown loss suit against insurer Twin City Fire Insurance Company should not be dismissed because his claims survive the virus exclusion and the closures resulting from government orders caused physical losses of property.
Taube filed his response to Twin City’s motion for judgment on April 9 arguing that under the defendant’s assertion that coverage only exists if the business is physically infiltrated with the virus, he is faced with a Catch-22 in order to recover damages.
“Plaintiff would have to keep the property fully open in defiance of governmental orders and guidance to allow for an infiltration that triggers coverage, but doing so would likely constitute a failure to use reasonable means to save and preserve the property from further damage, thereby triggering the exclusion,” the response states.
EAST ST. LOUIS – Mascoutah dentist Erik Taube failed to make a case that he can sue the Hartford insurance organization over a subsidiary’s denial of coverage for lockdown losses, Chief U.S. District Judge Nancy Rosenstengel ruled on Feb. 18.