Author: Joseph C. Gjonola
Recently, the California Supreme Court accepted a Petition for Review filed by RPNA on behalf of our extraordinary client SANTA YNEZ BAND OF CHUMASH MISSION INDIANS, in their lawsuit against Lexington Insurance Company for business injury coverage triggered by the COVID-19 pandemic.
In the face of extensive documentary and expert reports presented in a Summary Judgment motion filed by RPNA ,the trial court nevertheless summarily dismissed the case on a belief that the SARS-Co-V-2 virus was incapable of inflicting compensable “property damage”. Thereafter, the Court of Appeal affirmed the dismissal, taking issue with the scientific and expert evidence advanced by the Santa Ynez Chumash.
However, RPNA partners Nicholas Roxborough, Vincent Gannuscio and Joseph Gjonola filed a Petition asking the Supreme Court to review the dismissal, which the high court accepted yesterday. RPNA is beyond thrilled to have the extraordinary opportunity to represent the SANTA YNEZ BAND OF CHUMASH MISSION INDIANS on such a controversial and precedential issue for Policyholders across California. Coverage for lost business caused by the pandemic is shaping up to be one of the top insurance issues of the decade. The outcome here, and similar cases headed to the Supreme Court, will have far reaching effects for thousands of California businesses and Policyholders.
As always, for more information on this issue and the future of insurance coverage for pandemic related losses, please contact RPNA’s partners, Nicholas Roxborough (npr@rpnalaw.com), Joe Gjonola (jcg@rpnalaw.com) or Vince Gannuscio (vsg@rpnalaw.com) at 818-992-9999.
