Sacramento Downtown Arena LLC v. Factory Mutual Ins. Co.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Sacramento Downtown Arena LLC; No. 2:21-cv-00441-KJM-SCR Sacramento Kings Limited Partnership; Sac Mubi Hotel, LLC; and SGD Retail LLC, ORDER Plaintiffs, 14 v. Factory Mutual Insurance Company, and Does 1-10, inclusive, Defendants. 18 Plaintiffs filed this insurance coverage action alleging defendants improperly denied their 20 insurance claims related to losses they incurred as a result of the COVID-19 pandemic. The parties each now move for summary judgment. Having carefully considered the record and the 22 applicable law, for the reasons set forth below, the court grants defendants’ motion for summary 23 judgment and denies plaintiff's motion as moot. 24 I. PROCEDURAL BACKGROUND Factory Mutual argues summary judgment should be granted in its favor, because (1) plaintiffs cannot show “physical loss or damage” to property within the meaning of the Policy; 27 (2) the contamination exclusion…