10012 HOLDINGS, INC. v. SENTINEL INSURANCE COMPANY

Docket No. 21-80-cv August Term, 2021.

21 F.4th 216 (2021)

10012 HOLDINGS, INC. dba Guy Hepner, Plaintiff-Appellant, v. SENTINEL INSURANCE COMPANY, LTD., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 27, 2021.


Attorney(s) appearing for the Case

John V. Golaszewski , The Casas Law Firm, P.C., New York, NY, for Plaintiff-Appellant 10012 Holdings, Inc. d/b/a Guy Hepner.

Jonathan M. Freiman ( Shai Silverman , on the brief), Wiggin and Dana LLP, New Haven, CT, for Defendant-Appellee Sentinel Insurance Company, Ltd.

Jeremy M. Creelan , Michael W. Ross , Jenner & Block LLP, New York, NY; John H. Mathias, Jr. , David M. Kroeger , Gabriel K. Gillett , Jenner & Block LLP, Chicago, IL, for Amici Curiae Restaurant Law Center, New York State Restaurant Association, and New York City Hospitality Alliance, in support of Plaintiff-Appellant and reversal.

Joshua L. Mallin , Dennis D'Antonio , Weg & Myers, P.C., New York, NY, for Amicus Curiae Mario Badescu Skin Care, Inc., in support of Plaintiff-Appellant and reversal.

Wystan M. Ackerman , Robinson & Cole LLP, Hartford, CT; Laura A. Foggan , Crowell & Moring LLP, Washington, DC; James R. Martin , Zelle LLP, Washington, DC, for Amici Curiae American Property Casualty Insurance Association and National Association of Mutual Insurance Companies, in support of Defendant-Appellee and affirmance.

Before: WALKER, CALABRESI, and LOHIER, Circuit Judges.


In a scenario that has become all too familiar during the COVID-19 pandemic, 10012 Holdings, Inc. d/b/a Guy Hepner, which operates as a brick-and-mortar art gallery and dealership in New York City, was forced to suspend its operations to comply with government restrictions on non-essential businesses. As a result, 10012 Holdings...

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