Sherman & Howard Advises Xponential Fitness in First-of-its-Kind Business Interruption Insurance Class Action Lawsuit

DENVER, Colo. (May 13, 2021)—Sherman & Howard litigation and insurance recovery lawyer Chris Mosley is advising Xponential Fitness, LLC in a first-of-its-kind federal class action lawsuit, which was filed by the company on behalf of its franchisees. Many of these franchisees, which include nine major fitness brands with thousands of locations nationwide, filed business interruption claims with their insurance carrier under an Xponential-specific insurance program after being impacted by the Covid-19 pandemic. The insurance carrier, Arch Insurance Company in Kansas City, Missouri, provides policies designed to reimburse businesses for financial losses due to unexpected shutdowns—including pandemics—but has denied customers’ claims and refused to investigate further.

The case’s outcome may impact how insurance companies are required to cover Covid-related claims. Xponential Fitness is also advised by Brent and Kristie Welder of The Welder Firm and Michael Fawaz of Howard & Howard.

Read more at Club Industry and KAKE Media.


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Sherman & Howard L.L.C. is an Am Law 200 law firm with nine offices in Colorado, Arizona, Nevada, Missouri, and New Mexico. Our attorneys provide high-quality legal and business solutions to a broad range of clients, including private, public, and government entities. We have extensive experience in aerospace and government contracting, infrastructure and construction, financial services, natural resources, telecommunications, technology, manufacturing, consumer products and retail, and nonprofit entities. With over two dozen attorneys who focus exclusively on estate and tax planning, and family and matrimonial law, Sherman & Howard also boasts one of the nation’s most respected private client practices.