Tp Racing Lllp v. American Home Assurance Co.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 1 2023

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

TP RACING LLLP, No. 21-16910 Plaintiff-Appellant, D.C. No. 2:21-cv-00118-SRB v.

AMERICAN HOME ASSURANCE MEMORANDUM*

COMPANY,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding Argued and Submitted November 18, 2022 Phoenix, Arizona

Before: BYBEE, OWENS, and COLLINS, Circuit Judges.

TP Racing LLLP (“TP Racing”)—the owner and operator of a horse racing

track in Phoenix, Arizona—filed this diversity action seeking coverage from its

insurer, American Home Assurance Co. (“AHAC”), for losses sustained during the

Covid pandemic. Construing the policy terms in accordance with the applicable

Arizona law, the district court held that TP Racing’s asserted losses were not

covered by the policy, and the court granted AHAC’s motion to dismiss under

Federal Rule of Civil Procedure 12(b)(6). We affirm.

* This disposition is not…