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.
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