Death v. the Cincinnati Insurance Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1237
DEATH AND TAXES LLC, d/b/a Death & Taxes and Bridge Club; ASPIC, INC.,
d/b/a Poole’s Diner; ABC CORNERSHOP, INC., d/b/a Beasley’s Chicken +
Honey, Chuck’s Burgers and Fox Liquor Bar; POOLE’SIDE, LLC, d/b/a Poole’side
Pies; AUX KITCHEN LLC,
Plaintiffs - Appellants,
v.
THE CINCINNATI INSURANCE COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:21-cv-00125-D)
Submitted: February 21, 2023 Decided: February 23, 2023
Before NIEMEYER and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Gagan Gupta, Stuart M. Paynter, PAYNTER LAW FIRM, PLLC,
Hillsborough, North Carolina, for Appellants. Daniel G. Litchfield, Michael P. Baniak,
Laurence J.W. Tooth, LITCHFIELD CAVO, LLP, Chicago, Illinois; Andrew A. Vanore,
III, BROWN, CRUMP, VANORE & TIERNEY, PLLC, Raleigh, North Carolina, for
Appellee.

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Plaintiffs appeal the district court’s order granting The Cincinnati Insurance
Company’s (“Cincinnati”) Fed. R. Civ. P. 12(b)(6) motion to dismiss Plaintiffs’ claims
based on Cincinnati’s denial of insurance benefits Plaintiffs assert Cincinnati owed them
to cover losses they sustained during the COVID-19 pandemic. We have reviewed the
record and find no reversible error. Accordingly, we affirm the district court’s order. See
Death and Taxes LLC v. The Cincinnati Ins. Co., No. 5:21-cv-00125-D (E.D.N.C. Feb. 2,
2022). We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
AFFIRMED

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