Tarrar Enterprises v. Associated Indemnity Corp.

Filed 9/22/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

TARRAR ENTERPRISES,

INC.,

Plaintiff and Appellant, A162795

v. (Contra Costa County ASSOCIATED INDEMNITY Super. Ct. No. MSC20-

CORP., 01776)

Defendant and Respondent.

At all relevant times, plaintiff Tarrar Enterprises, Inc. (Tarrar) operated what it describes as “a utility consultant business” in Contra Costa County. Defendant Associated Indemnity Corporation (Associated) issued Tarrar a comprehensive commercial liability and property insurance policy that, as relevant here, promised in general to “pay for direct physical loss of or damage to Covered Property at the described [insured] premises,” and in particular to “pay for the actual loss of Business Income you sustain due to the necessary suspension of your ‘operations’ during the ‘period of restoration.’ . . . The suspension must be caused by direct physical loss of or damage to property at the described premises. The loss or damage must be caused by or result from a Covered Cause of Loss.”…