Water Sports Kauai, Inc. v. Fireman's Fund Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WATER SPORTS KAUAI, INC., Case No. 20-cv-03750-WHO

Plaintiff,

ORDER GRANTING THE MOTION

v. TO DISMISS

FIREMAN'S FUND INSURANCE Re: Dkt. No. 39 COMPANY, et al., 11 Defendants.

12 Plaintiff Water Sports Kauai, Inc., a Hawaii corporation, dba Sand People (“Sand People”), shut down its businesses (twelve stores on three islands that sell gifts, artwork, décor, jewelry, glassware, coastal furnishing, apparel, soaps, lotions, candles, and books) six months ago due both to the spread of the coronavirus and to directives from Hawaii’s Governor limiting the operation of non-essential businesses, including Sand People’s stores. Amended Complaint (“AC”), Dkt. No. 38, ¶ 56. It submitted a claim for coverage under an insurance policy (Policy) issued by defendants Fireman’s Fund Insurance Company, National Surety Corporation, and Allianz Global Risks US Insurance Co (collectively, “defendants”) under the “Lost Business Income” and “Civil …