WHATLEY KALLAS FILES CLASS ACTION AGAINST SAFETY INSURANCE COMPANY OVER BUSINESS INTERRUPTION INSURANCE COVERAGE

On August 17, 2020, Whatley Kallas filed a class action lawsuit in the United States District Court for the District of Massachusetts on behalf of Paul K. Marshall, II, D.M.D. and others similarly situated against Safety Insurance Company and Safety Indemnity Insurance Company (collectively, “Safety”) to challenge their denial of business interruption insurance coverage for losses incurred relating to the ongoing COVID-19 pandemic and the orders of state and local authorities prohibiting the public from accessing their businesses. The Complaint alleges that Safety improperly denied coverage to Dr. Marshall and other similarly situated businesses in Massachusetts and other states for business income lost and extra expenses incurred as a result of the COVID-19 pandemic and/or the actions taken by civil authorities in response to the pandemic. Based on these allegations, the Complaint asserts claims for breach of contract, declaratory relief and violation of Massachusetts General Laws Chapters 176D and 93A.

A copy of the complaint can be found here.

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