California Supreme Court Watch

#23-167 Showa Hospitality, LLC v. Sentinel Insurance Company, Limited, S280846. (D080008; nonpublished opinion; San Diego County Superior Court; 37-2020-00018311-CU-IC-CTL.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. 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?

Petition for review granted; briefing deferred: 8/09/2023

See the Court of Appeal Opinion.