Amy's Kitchen v. Fireman's Fund Ins. Co.

Filed 10/4/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

AMY’S KITCHEN, INC.

Plaintiff and Appellant, A163767

v. (Sonoma County FIREMAN’S FUND INSURANCE Super. Ct. No. SCV268104)

COMPANY,

Defendant and Respondent.

Amy’s Kitchen, Inc. (Amy’s) sued Fireman’s Fund Insurance Company (Fireman’s) after the insurer denied Amy’s claim for costs incurred to clean, disinfect, and test its facilities for the coronavirus that causes COVID-19. Amy’s claim was made under a policy with both communicable disease coverage and loss avoidance and mitigation extensions. The trial court sustained without leave to amend Fireman’s demurrer to Amy’s initial complaint. We conclude that the trial court correctly sustained the demurrer, but for the wrong reason, and that it wrongly denied Amy’s leave to amend. Factual and Procedural History1 Amy’s employs over 2,500 people to manufacture organic and vegetarian meals at facilities in California, Oregon, and Idaho and to oversee its operations from headquarters in Petaluma. It purchased a…