Paul White (Partner-Los Angeles) engaged in a discussion regarding a Missouri trial court’s denial of an insurer’s pre-trial motion to dismiss a policyholder’s action to recover business income losses following COVID-19 closures. The event was a Legal Talk Today podcast titled “Flood Gates: The Nothing Burger Case to Rock Insurance Companies?” The presentation centers on the impact, if any, of a Missouri district court decision that denied an insurance carrier’s motion to dismiss, in contrast to the multiple courts that have now granted similar motions brought by insurers. Paul explains the burdens presented by motions to dismiss, the allegations that the court relied on to find a “plausible” theory, and court comments acknowledging there may be a different result if the parties present the issues in motions for summary judgment. He further explains that this ruling is procedural - not a substantive ruling on the merits - and simply allows the parties to proceed to discovery.
                   
Listen to the Podcast.