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PARADIGM CARE & ENRICHMENT v. WEST BEND MUT. INS.

No. 21-1695.

33 F.4th 417 (2022)

PARADIGM CARE & ENRICHMENT CENTER, LLC, et al., Plaintiffs-Appellants, v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 2022.

Attorney(s) appearing for the Case

Kenneth P. Abbarno , Adam J. Levitt , Attorneys, DiCello Levitt Gutzier LLC, Mentor, OH, Freya Kirsten Bowen , Timothy W. Burns , Brian P. Cawley , Nathan Mark Kuenzi , Attorneys, Burns Bowen Bair LLP, Madison, WI, for Plaintiffs-Appellants.

A. J. Fabianczyk , Attorney, Husch Blackwell, LLP, Madison, WI, Jason R. Fathallah , Karen L. Tidwall , Attorneys, Husch Blackwell, LLP, Milwaukee, WI, Michael Damon Hayes , Scott J. Helfand , Attorneys, Husch Blackwell, LLP, Chicago, IL, for Defendant-Appellee.

Before Manion, Rovner, and Hamilton, Circuit Judges.

Appellants here are childcare centers in Illinois and Michigan. They sued their insurer after it denied claims related to business disruptions caused by the COVID-19 pandemic. The district court granted the insurer's motion to dismiss, concluding that the complaint did not plausibly allege "direct physical loss of or damage...

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