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.