The Ninth Circuit affirmed in part, denied in part, the district court's granting of the insurer's motion to dismiss the insureds' COVID-19 claim. Worthy Hotels, Inc., et al. v. Fireman's Fund Ins. Co., 2024 U.S. App. LEXIS 11747 (9th Cir. May 15, 2024).
A group of hotels and restaurants sought reimbursement from Fireman's Fund for business losses incurred because of the risk or presence of COVID-19 on their properties. The district court applying Washington law granted Fireman's Funds' motion to dismiss all claims and denied the insureds' motion for leave to amend.
Mr. Eyerly may be contacted at te@hawaiilawyer.com