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Blue Springs Dental Care v. Owners Ins. Co.

United States District Court for the Western District of Missouri, Western Division

September 21, 2020, Decided; September 21, 2020, Filed

Case No. 20-CV-00383-SRB

Opinion

ORDER

Before the Court is Defendant Owners Insurance Company's ("Owners") Motion to Dismiss (Doc. #4) and Motion to Strike Class Allegations (Doc. #6). The motions have been fully briefed and the Court held oral argument [*2]  on the motions on September 8, 2020. For the reasons stated below, the motions are DENIED.

I. BACKGROUND

This lawsuit is the latest in a nationwide flood of insurance-related litigation by parties seeking coverage for losses incurred during the course of the COVID-19 pandemic. The relevant factual background of this case is briefly set forth below. Since this matter is before the Court on a motion to dismiss, Plaintiffs' factual allegations as set forth in their complaint are taken as true. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937, 173 L. Ed. 2d 868 (2009) (internal citations and quotation marks omitted) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007)).

Plaintiffs are Blue Springs Dental Care LLC, Green Hills Dental LLC, Highland Dental Clinic LLC, and Kearney Dental LLC, four dental care clinics located in the greater Kansas City metropolitan area. Owners is an Ohio corporation with its principal place of business located in Lansing, Michigan. Plaintiffs each purchased a businessowners insurance policy (the "Policies") from Owners for their clinic, and all parties agree that the policies are materially identical.

The Policies here provide that "[Owners] will pay for direct physical loss of or damage to Covered Property at the premises described in the Declaration caused by or resulting [*3]  from any Covered Cause of Loss" unless the claimed loss is excluded or otherwise limited. (Doc. #1-1, pp. 47-48.)1 Under the Policies, a "Covered Cause of Loss" is defined as:

RISKS OF DIRECT PHYSICAL LOSS unless the loss is

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2020 U.S. Dist. LEXIS 172639 *; 2020 WL 5637963

BLUE SPRINGS DENTAL CARE, LLC, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. OWNERS INSURANCE COMPANY, Defendant.

CORE TERMS

coverage, clinics, suspension, dental, restoration, stay-at-home, quotations, discovery, suspend, additionally, temporary, adjacent, deprived, survive