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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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