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Burd & O’Brien Succeed in Defending Client Against Lawsuit Seeking COVID-19-Related Damages

April 5, 2021

James M. Burd (Partner-Louisville, KY | Nashville, TN) and Edward M. O'Brien (Of Counsel-Louisville, KY | Merrillville, IN) acted as co-counsel with Steptoe & Johnson LLP in defending an insurance company against a law suit filed by a sportswear store in state court and later removed to the Eastern District of Kentucky. The judge ruled that our client did not have to pay damages, citing the policy’s virus exclusion clause. The sportswear company sought a declaratory judgment, stating that the insurance company must pay the damages, and even tried to name Kentucky’s governor as a defendant in the case because of his executive orders. However, Jim and Eddie, along with their co-counsel, succeeded in obtaining a favorable motion of judgment.

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