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SAN JOSE SHARKS, LLC v. SUPERIOR COURT

No. H050441.

98 Cal.App.5th 158 (2023)

SAN JOSE SHARKS, LLC, et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; FACTORY MUTUAL INSURANCE COMPANY, Real Party in Interest.

Court of Appeals of California, Sixth District.

December 21, 2023.

Attorney(s) appearing for the Case

Covington & Burling, Rani Gupta , Thomas Martecchini , Sabrina T. McGraw , Benedict M. Lenhart , Matthew J. Schlesinger , Kristin M. Cobb and Allison C. Hawkins for Petitioners.

Simpson Thacher & Bartlett, Chet A. Kroneberg , Bryce L. Friedman , Isaac Rethy ; Carlson, Calladine & Peterson and Joyce C. Wang for Real Party in Interest.

California Medical Association, Center for Legal Affairs, Jamie Ostroff and Shari Covington for California Medical Association as Amicus Curiae.

OPINION

The parties to the underlying action dispute whether losses plaintiffs1 incurred as a consequence of the COVID-19 pandemic are covered by a commercial insurance policy issued by defendant Factory Mutual Insurance Company. Plaintiffs' petition for writ review of a trial court order striking...

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