Sutter's Place, Inc. v. Zurich American Insurance Company

I. BACKGROUND

21 Zurich is a New York corporation with its principal place of business in New York. 22 Compl. ¶ 18. Sutter’s Place operates the Bay 101 Casino located in San Jose, California, which 23 contains 49 gaming tables and four restaurants. Id. ¶¶ 3, 17, 36. Sutter’s Place purchased an “all 24 risk” commercial insurance policy from Zurich (“the Policy”) beginning December 1, 2019. 25 The Policy’s Business Income (Excluding Extra Expense) coverage states in relevant part: 26 We will pay for the actual loss of “business income” you sustain due to the necessary “suspension” of your “operations” during the “period of restoration”. The “suspension” must be caused by direct physical loss of or damage to property at a “premises” at which a Limit of Insurance is shown on the Declarations for Business Income. The loss or damage must be directly caused by a “covered cause of loss”. We will not pay more than the applicable Limit of Insurance shown on the Declarations for Business Income at that “premises”.1 Id. ¶¶ 5, 24-25, Ex. 2 at ECF p.134 (underlined emphasis added). The “period of restoration” begins when…