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221356P.pdf 08/21/2023 K.C. Hopps, Ltd. v. The Cincinnati Insurance Co.
U.S. Court of Appeals Case No: 22-1356
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Kobes, Author, with Smith, Chief Judge, and Stras, Circuit
Judge]
Civil Case - COVID-19. Plaintiff, an owner and manager of various bars,
restaurants, catering services, and event spaces, was not entitled to
insurance coverage for lost business income incurred during the COVID-19
pandemic and the district court thus did not err in denying plaintiff's
renewed motion for judgment as a matter of law after a jury returned a
verdict in favor of plaintiff's insurer; the mere presence of the virus at
plaintiff's properties was insufficient to show a covered loss; any errors
in the jury instructions did not impact plaintiff's substantial rights.