California Supreme Court Watch

#23-265 JRK Property Holdings, Inc. v. Colony Ins. Co., S282657. (B321806; 96 Cal.App.5th 1; Los Angeles County Superior Court; 21STCV19983.) Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action and remanded for further proceedings. The court ordered briefing deferred pending decision in Another Planet Entertainment, LLC v. Vigilant Insurance Company, S277893 (#23-36), which presents the following issue: Can the actual or potential presence of the COVID-19 virus on an insured’s premises constitute “direct physical loss or damage to property” for purposes of coverage under a commercial property insurance policy?

Petition for review granted; briefing deferred: 12/20/2023

Transferred to CA 2/7 after hold: 7/10/2024

“The above-captioned matter is transferred to the Court of Appeal, Second Appellate District, Division Seven, with directions to vacate its decision and reconsider the cause in light of Another Planet Entertainment, LLC v. Vigilant Ins. Co. (2024) 15 Cal.5th 1106. (Cal. Rules of Court, rule 8.528(d).) “

See the Court of Appeal Opinion.