Attorney Kevin McNamara Precludes Plaintiff’s Expert and Wins Summary Judgment in Connection with COVID-19 Business Interruption Claim

On March 4, 2022, TT&H Attorney Kevin McNamara claimed victory with respect to two related Motions filed in the Eastern District of Pennsylvania. The action concerned a claim for financial losses incurred by a restaurant due to the COVID-19 pandemic and governmental closure orders designed to mitigate the spread of the virus. The restaurant instituted the action against its insurer, Kevin’s client, seeking declaratory judgment.

In ruling in our client’s favor, the Court rejected the Plaintiff’s attempt to rely on the reasonable expectations doctrine, while also granting the Motion to preclude a law professor’s expert report, which the Plaintiff had presented in support of its reliance on that doctrine. After finding the reasonable expectations doctrine inapplicable, the Court granted Kevin’s Motion for summary judgment, while also denying a Cross-Motion for summary judgment filed by the Plaintiff.

Questions about this case can be directed to Kevin McNamara at (717) 237-7132 or kmcnamara@tthlaw.com, or to Bernie Kwitowski at (610) 332-7018 or bkwitowski@tthlaw.com.