California Supreme Court Watch

#23-63 French Laundry Partners, LP v. Hartford Fire Insurance Company, S278492. (9th Circ. No. 21-15927; 58 F.4th 1305; Northern District of California; D.C. No. 3:20-cv-04540-JSC.) Request under California Rules of Court, rule 8.548, that this court decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The court ordered briefing deferred pending decision in John’s Grill, Inc. v. The Hartford Financial Services Group, Inc., S278481 (#23-58) which presents the following issues: (1) Is a grant of coverage for property loss or damage to covered property caused by a virus rendered illusory where it is limited by a condition that makes coverage applicable only if the virus is the result of one or more of a number of listed causes? (2) Is a conditional grant of coverage for property loss or damage to covered property caused by a virus, including the cost of removal of the virus, triggered by cleaning surfaces in the covered property that are contaminated by the virus in the absence of physical alteration of the property?

Request for certification granted; briefing deferred: 3/29/2023

Dismissal order filed: 9/18/2024

“In light of this court’s opinion in John’s Grill, Inc. v. The Hartford Financial Services Group, Inc. (2024) 16 Cal.5th 1003, resolution of the question posed by the United States Court of Appeals for the Ninth Circuit is no longer ‘necessary . . . to settle an important question of law.’ (Cal. Rules of Court, rule 8.548(f)(1).) We therefore dismiss consideration of the question. (See id., rules 8.528(b)(1), 8.548(f)(3).)”

Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins and Evans, JJ.

See the Order Certifying Question to the California Supreme Court.

In the news:  Murdock, 9th Circ. Asks Calif. Justices To Weigh In On 2nd Virus Case, Law360 (Feb. 6, 2023).