RESPONDENT CALIFORNIA MUTUAL INSURANCE’S BRIEF FOLLOWING A JUDGMENT OF THE SUPERIOR COURT IN AND FOR THE COUNTY OF MONTEREY THE HONORABLE LYDIA M. VILLAREAL, PRESIDING No. H048443 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE INNS BY THE SEA Plaintiff and Appellant, v. CALIFORNIA MUTUAL INSURANCE COMPANY, Defendant and Respondent.

 

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No. H048443
IN THE COURT OF APPEAL
OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE INNS BY THE SEA Plaintiff and Appellant,
v.
CALIFORNIA MUTUAL INSURANCE COMPANY, Defendant and Respondent.
Court of Appeal
No. H048443
Monterey County
Case No.: 20CV001274
RESPONDENT CALIFORNIA MUTUAL INSURANCE’S BRIEF FOLLOWING A JUDGMENT OF THE SUPERIOR COURT IN AND FOR THE COUNTY OF MONTEREY THE HONORABLE LYDIA M. VILLAREAL, PRESIDING

CONCLUSION 

Throughout the California Mutual policy, the property coverage is repeatedly defined as limited to physical loss of or damage to property.

Nowhere in the policy is there any coverage promise that speaks to the presence of a virus, much less to a government shelter-in-place order that does not prohibit entry and exists not because of property damage, but because of a virus.

Where, as here, Inns cannot bring its claim within any of the coverage promises in the policy, the judgment based on the order sustaining the demurrer without leave to amend should be affirmed.

Respectfully submitted,
Dated: March 9, 2021