Happy Valley Road LLC v. Amguard Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division HAPPY VALLEY ROAD LLC, Case No. 3:22-cv-06115-LB

Plaintiff, ORDER DENYING MOTION TO STAY v. Re: ECF No.

AMGUARD INSURANCE COMPANY, Defendant. 16 INTRODUCTION In an earlier order, the court dismissed plaintiff Happy Valley’s claim under its insurance policy with Amguard for lost short-term-rental income incurred during the COVID-19 pandemic, in part because the insurance provision for “direct physical loss” does not cover the loss and in part because the plaintiff did not allege other requirements for coverage.1 The California Supreme Court will hear the coverage question: whether “the actual or potential presence of the COVID-19 virus on an insured’s premises constitute[s] ‘direct physical loss or damage to property’ for purposes of coverage under a commercial property insurance policy.” Another Planet Ent., LLC v. Vigilant Ins. Co.,…