Body XChange Sports Club, LLC v. Zurich American Ins. Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BODY XCHANGE SPORTS CLUB, LLC, Case No. 1:20-CV-01518-JLT-CDB a California Limited Liability Company, ORDER GRANTING DEFENDANT’S

MOTION FOR JUDGMENT ON THE

Plaintiff, PLEADINGS v. (Doc. 15) ZURICH AMERICAN INSURANCE COMPANY, a New York corporation; and DOES 1-25, inclusive, 17 Defendants. 18 Body Xchange Sports Club, LLC initiated this action to recover lost business income caused by having to suspend operations pursuant to government closure orders issued to mitigate the spread of the COVID-19 pandemic. (Doc. 1-1 at 4-25.) Body Xchange claims that Zurich American Insurance Company breached its insurance contract and breached the implied covenant of good faith and fair dealing by refusing coverage for the lost business income. (Id.) On May 12, 2021, Zurich filed a motion for judgment on the pleadings seeking dismissal of all claims. (Doc. 15.) For the reasons set forth below, the Court GRANTS Zurich’s motion. I. FACTUAL…