An insurance company is asking a judge to dismiss a lawsuit filed by an Aspen restaurant seeking compensation for business it lost after a bomb threat on New Year’s Eve 2008.
There were widespread evacuations in Aspen, Colo., that night after a resident planted four homemade bombs downtown before killing himself. No one was hurt, but Jimmy’s restaurant figures it lost at least $100,000 from paid reservations it canceled.
Jimmy’s sued Continental Divide Insurance Co. in December. It argues the insurance company should cover losses caused by an act of terrorism.
The insurer is seeking dismissal of the case. The Aspen Times reports that in documents filed in court this month, the insurer argues Jimmy’s would have to show it suffered physical damage to collect on its claim.
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