CA Nightclub Asks 9th Circuit for COVID Coverage

Caribe Restaurant & Nightclub in Bonita, California, has told the Ninth Circuit that losses stemming from pandemic-related shutdown orders caused physical loss and damage, thus making it eligible for coverage under its insurance policy with Topa Insurance. Co.

Caribe is represented by Tim Burns of Burns Bowen Bair LLP, as well as C. Moze Cowper of Cowper Law PC, Adam J. Levitt of DiCello Levitt Gutzler LLC, Douglas Daniels of Daniels & Tredennick and Harvey G. Brown, Jr. and H. Victor Thomas of the Lanier Law Firm PC.

Mr. Burns commented on the reading of these policies as key to the way they’re understood. “Federal district courts across the country have essentially nullified the consumer protection features of insurance law by scrambling to read abstract case law involving different circumstances into the policies, instead of just reading the policies,” he said.