O'Brien Sales and Marketing Inc., on behalf of itself and other similarly situated v. Transportation Insurance Company
Published: Feb. 12, 2021 | Result Date: Jan. 12, 2021 | Filing Date: Apr. 29, 2020 |Case number: 3:20-cv-02951-MMC Bench Decision – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Todd M. Schneider
(Schneider, Wallace, Cottrell & Konecky LLP)
Joshua G. Konecky
(Schneider, Wallace, Cottrell & Konecky LLP)
Matthew S. Weiler
(Schneider, Wallace, Cottrell & Konecky LLP)
Defendant
Geoffrey D. Godwin
(Squire Patton Boggs LLP)
Eric J. Knapp
(Squire Patton Boggs LLP)
Thomas J. Lloyd
(Squire Patton Boggs LLP)
Facts
Plaintiff O'Brien Sales and Marketing, Inc. filed a class action lawsuit against Defendant Transportation Insurance Company, after Defendant refused to pay any amount of coverage for claims in relation to COVID-19.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended COVID-19 interrupted businesses nation-wide and the issuance of government orders resulted in substantial losses to policyholders. Plaintiff contended Defendant was therefore obligated to cover Plaintiff's losses under the terms of the insurance it issued to Plaintiff and other class members but refused to do so.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiffs' contentions and any other wrongdoing.
Result
The court granted Defendant's motion to dismiss after it concluded Plaintiff O'Brien failed to plausibly allege coverage under its Business Income and Extra Expense provisions.
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