Broker Doesn’t Belong In Virus Coverage Suit, Judge Advises

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Law360 (July 20, 2021, 6:13 PM EDT) — An insurance broker should be dismissed from a Pennsylvania restaurant’s ongoing COVID-19 coverage lawsuit against Cincinnati Casualty Co., a Pennsylvania magistrate judge recommended Monday.

Kincel & Co., which was acquired by AssuredPartners Inc., simply served as an intermediary between the insurer and State Street Grill, U.S. Magistrate Judge Martin C. Carlson wrote.

Kincel was not part of the insurance agreement between the restaurant and the insurer, and “it is clear from the contract that Kincel played no role in the coverage determination made by Cincinnati Casualty,” the judge wrote. “Thus, Kincel is not a party to this contract, but merely facilitated…

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