Cape Cod dentist files class-action suit against insurer for denying income loss coverage

Paul Marshall, DMD, a Hyannis, Mass.-based cosmetic dentist, filed a federal class-action lawsuit against Safety Insurance Co., claiming it should have covered the income losses he incurred during his practice's mandated period of closure, according to Cape Cod Times.

Under Gov. Charlie Baker's pandemic-induced business closure order, Dr. Marshall could not see any patients from March 13 to June 8, except in emergency cases. His 28-page complaint, filed Aug. 17, claims Safety Insurance breached its contract by denying him loss of income coverage.

The complaint claims Dr. Marshall paid premiums for a plan that protected him from loss of income caused by direct physical loss of or damage done to his practice, promised to pay expenses that would not have come about without that loss or damage, and guaranteed coverage for loss of income brought upon by mandated business closures.

The complaint called Dr. Marshall's insurance plan an "all-risk policy," meaning all risks are covered unless explicitly excluded, according to Cape Cod Times. The filing claims his plan contained no such stipulations.

Dr. Marshall's attorney told Cape Cod Times "this type of litigation [is] essential to obtain desperately needed relief for businesses who have lost income during these challenging times."

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