MONDAY RESTAURANTS v. INTREPID INS. CO.

No. 21-2462.

32 F.4th 656 (2022)

MONDAY RESTAURANTS, on behalf of itself and all other similarly situated; Andrew Dill, DMD, on behalf of himself and all others similarly situated; Amy Varble, DMD, on behalf of herself and all others similarly situated; Michael Wong, DMD, P.C., on behalf of himself and all others similarly situated Plaintiffs-Appellants v. INTREPID INSURANCE COMPANY, an Iowa corporation, doing business as Intrepid Direct Insurancy; Tri-State Insurance of Minnesota Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 22, 2022.

Corrected: April 26, 2022.


Attorney(s) appearing for the Case

Mickel Montalban Arias , Alfredo Torrijos , Arias & Ozzello, Los Angeles, CA, Anthony S. Bruning, Jr. , Anthony S. Bruning , Ryan L. Bruning , Bruning Law Firm, LLC, Richard Steven Cornfeld , Daniel S. Levy , Law Office of Richard S. Cornfeld, LLC, Saint Louis, MO, for Plaintiff-Appellant Monday Restaurants, on behalf of itself and all other similarly situated.

Anthony S. Bruning, Jr. , Anthony S. Bruning , Ryan L. Bruning , Bruning Law Firm, LLC, Richard Steven Cornfeld , Daniel S. Levy , Law Office of Richard S. Cornfeld, LLC, Saint Louis, MO, for Plaintiffs-Appellants Andrew Dill, DMD, Amy Varble, DMD, Michael Wong, DMD, P.C., on behalf of themselves and all others similarly situated.

Antonia Ianniello , John Frederick O'Connor, Jr. , Lisa M. Southerland , Steptoe & Johnson, Washington, DC, Patrick J. Kenny , Armstrong & Teasdale, Saint Louis, MO, Lauren H. Navarro , Armstrong & Teasdale, Kansas City, MO, for Defendants-Appellees Intrepid Insurance Company, an Iowa corporation, doing business as Intrepid Direct Insurancy, Tri-State Insurance of Minnesota.

Before BENTON, SHEPHERD, and STRAS, Circuit Judges.


After their insurers denied coverage, the operator of two St. Louis restaurants and a dental practice both sued, seeking coverage and damages for losses and expenses during the COVID-19 pandemic. The district court1 granted the insurers' motion to dismiss. The businesses appeal.

The COVID...

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