Water Sports Kauai, Inc. v. Fireman's Fund Insurance Company
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 WATER SPORTS KAUAI, INC., Case No. 20-cv-03750-WHO Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS SECOND AMENDED
COMPLAINT
FIREMAN'S FUND INSURANCE COMPANY, et al., Re: Dkt. No. 62 9 Defendants. 10 In my November 2020 Order, I dismissed plaintiff Water Sports Kauai, Inc.’s First Amended Complaint seeking insurance coverage for its lost income resulting from closure of its chain of stores in response to the presence of the coronavirus in Hawaii and government closure orders. November 2020 Order, Dkt. No. 52. Following the clear majority of District Court opinions interpreting similar policy provisions, I explained that plaintiff had failed to plead plausible facts that its stores were closed because of coronavirus causing “a direct physical loss of or damage to” its “Covered Property” or a specifically identified “income support property” to support coverage under the Business Income provision. Id. at 4-12. I also concluded that …