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KIM-CHEE LLC v. PHILADELPHIA INDEMNITY INSURANCE

Case No. 1:20-cv-1136.

535 F.Supp.3d 152 (2021)

KIM-CHEE LLC and Yup Chagi Inc. d/b/a Master Gorino's Pil-Sung Tae-Kwon-Do, Plaintiffs, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY and Philadelphia Consolidated Holding Corp. a/k/a Philadelphia Insurance Companies, Defendants.

United States District Court, W.D. New York.

Filed April 23, 2021.

Attorney(s) appearing for the Case

Christopher M. Berloth, Charles C. Ritter, Jr., Steven William Klutkowski, Thomas D. Lyons, Duke Holzman Photiadis & Gresens LLP, Buffalo, NY, for Plaintiffs.

Adam Ross Durst, Michael T. Glascott, Sharon Angelino, Goldberg Segalla LLP, Buffalo, NY, Jeffrey A. Zachman, Dentons US LLP, Atlanta, GA, Richard L. Fenton, Pro Hac Vice, Dentons US LLP, Chicago, IL, for Defendants.

ORDER ON DEFENDANTS' MOTION TO DISMISS

Plaintiffs are business owners who seek to recover first-party insurance coverage under a commercial policy issued by defendant Philadelphia Indemnity Insurance Company. Their claim concerns business interruption losses due to occupancy limits imposed by New York State...

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