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INNS-BY-THE-SEA v. CALIFORNIA MUTUAL INS. CO.

No. D079036.

71 Cal.App.5th 688 (2021)

INNS-BY-THE-SEA, Plaintiff and Appellant, v. CALIFORNIA MUTUAL INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

November 15, 2021.

Attorney(s) appearing for the Case

Reiser Law, Michael J. Reiser , Matthew Reiser , Isabella Martinez ; Hunton Andrews Kurth, Scott P. DeVries , Lorelie S. Masters , Rachel E. Hudgins ; The Meade Firm, Tyler Meade , Samuel I. Ferguson and Seena Forouzan for Plaintiff and Appellant.

Covington & Burling, Jad H. Khazem , David B. Goodwin and Rani Gupta for Oakland Athletics Baseball Company, San Francisco Giants Baseball Club LLC, Los Angeles Dodgers LLC, Angels Baseball LP and Padres L.P. as Amici Curiae on behalf of Plaintiff and Appellant.

Reed Smith, David E. Weiss and T. Connor O'Carroll for United Policyholders as Amicus Curiae on behalf of Plaintiff and Appellant.

Hayes, Scott, Bonino, Ellingson, Guslani, Simonson & Clause, Mark G. Bonino , Stephen M. Hayes , Charles E. Tillage and Ryan Z. Keller for Defendant and Respondent.

Crowell & Moring, Mark D. Plevin ; Robinson & Cole and Wystan M. Ackerman for American Property Casualty Insurance Association and National Association of Mutual Insurance Companies as Amici Curiae on behalf of Defendant and Respondent.

OPINION

This appeal presents an issue of first impression for a California appellate court: does a commercial property insurance policy provide coverage for a business's lost income due to the COVID-19 pandemic?1 As we will explain, under...

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