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BERKSETH-ROJAS v. ASPEN AMERICAN INS. CO.

Civil Action No. 3:20-CV-0948-D.

513 F.Supp.3d 724 (2021)

Christie Jo BERKSETH-ROJAS DDS, individually and on behalf of all others similarly situated, Plaintiff, v. ASPEN AMERICAN INSURANCE COMPANY, Defendant.

United States District Court, N.D. Texas, Dallas Division.

Signed January 12, 2021.

Attorney(s) appearing for the Case

W. Mark Lanier , Alex J. Brown , The Lanier Law Firm, Ralph D. McBride , Bracewell & Giuliani, Houston, TX, Adam J. Levitt , Pro Hac Vice, DiCello Levitt Gutzler LLC, Chicago, IL, Kenneth P. Abbarno , Pro Hac Vice, DiCello Levitt Gutzler LLC, Mentor, OH, for Plaintiff.

Yvette Ostolaza , David Mason Parham , Yolanda Cornejo Garcia , Sidley Austin LLP, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

The instant motion to dismiss under Fed. R. Civ. P. 12(b)(6) presents the question whether plaintiff, a dentist, has plausibly pleaded a breach of contract or declaratory judgment claim based on an insurer's failure to cover COVID-19 virus-based losses under an "all risk"...

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