Mudpie, Inc. v. Travelers Casualty Insurance

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MUDPIE, INC., No. 20-16858 Plaintiff-Appellant, D.C. No. v. 4:20-cv-03213-

JST

TRAVELERS CASUALTY INSURANCE

COMPANY OF AMERICA,

Defendant-Appellee. OPINION

Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding

Argued and Submitted August 11, 2021 San Francisco, California

Filed October 1, 2021

Before: Morgan Christen and Danielle J. Forrest, Circuit Judges, and Michael M. Anello,* District Judge.

Opinion by Judge Christen

* The Honorable Michael M. Anello, United States District Judge for the Southern District of California, sitting by designation. SUMMARY**

California Insurance Law

The panel affirmed the district court’s order dismissing Mudpie, Inc.’s claims against its insurer in Mudpie’s diversity putative class action seeking to recover under the insurance policy’s “Business Income” and “Extra Expense” coverage after state and local authorities in California issued several public health orders in response to the…