FOLLOW US

Mon

August 10, 2026

America December 28, 2022 3 mins read

Calif. Appellate Court Sides with Restaurant in Covid-19 Coverage Dispute

America ı By Samuel Lopez

0 Comments

La Cava

USA Herald – This is the case of Shusha Inc. v. Century-National Insurance Co., in the Court of Appeal of the State of California, Second Appellate District.

A week before Christmas, a three-judge panel of the California Court of Appeal in Los Angeles overturned the trial court’s decision and ruled in favor of La Cava, a well-loved restaurant in Sherman Oaks, operated by Shusha Inc.

The appellate court remanded La Cava's case back to the trial court and ordered it to vacate its previous decision sustaining a demurrer in the insurer's favor. By sustaining the demurrer, the trial judge agreed with the insurer’s argument that the law did not support a legal claim for the facts stated by the complaining party.

However, last week the appellate court disagreed with the trial court’s decision finding instead that La Cava did sufficiently allege direct physical loss or damage to its premises that was directly caused by the COVID-19 virus.

In its opinion the appellate court said the lower court erred in excluding coverage for La Cava as a matter of law, instead finding that La Cava was not required to "provide authority" at the pleading stage of the case in order to support its claims against the insurer.

Writing the unpublished opinion for the panel was Judge Gail Ruderman Feuer who wrote "We agree La Cava's allegations that contamination by the COVID-19 virus physically altered its restaurant premises were sufficient to withstand demurrer, and we reverse." Further stating  "Even assuming La Cava was required to allege a distinct, demonstrable physical alteration of the property to show coverage under the policy, the allegations of the complaint were sufficient."

The three-judge panel also found that La Cava had sufficiently argued its claims for bad faith and Unfair Competition Law violations when it accused Century-National of denying the restaurant's claim for business interruption coverage without providing them any meaningful investigation into the claim to determine whether the virus had, in fact, caused physical loss and damage to the restaurant.

Judge Feuer wrote, "At the pleadings stage, Century-National's denial of coverage just three weeks after La Cava tendered its claim and in the earliest days of our understanding of the novel COVID-19 virus, cannot be deemed as a matter of law to have been made in good faith with reasonable grounds."

Shusha, Inc. and La Cava are represented by Kathryn Lee Boyd and Kristen L. Nelson of Hecht Partners LLP, and Jonathan A. Sorkowitz of the Law Offices of Jonathan A. Sorkowitz.

Following the court’s decision, attorney Lee Boyd said that she looks forward to having a trial where she can present evidence establishing that business operations were affected by the COVID-19 virus and that interruption coverage is available under La Cava’s insurance policy.

As we have been reporting here at the USA Herald, many states around the country have been siding with insurers regarding covid-19 coverage disputes of this nature. This is a significant shift from previous thinking that finding in favor of the policyholder would somehow threaten the stability of the insurance industry.

 

 

 

 

 

Previous Article

Whistleblower Case of Ex-Morgan Stanley Attorney Tossed

Read More
1671 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America August 8, 2026
When AI Becomes the Hacker: The…

By Samuel López | USA Herald For nearly three decades,…

By – Samuel Lopez
America August 8, 2026
Ariana Grande Declares War on the…

INSIDE THIS REPORT Ariana Grande has filed suit against unnamed…

By – Samuel Lopez
America August 8, 2026
Big Brother In The Bay: San…

Inside This Report A Santa Clara County judge is weighing…

By – Samuel Lopez
America August 8, 2026
Mystery Surrounds Death of Digital Archivist…

INSIDE THIS REPORT Digital archivist and off-grid innovator Joe Felz…

By – Samuel Lopez
America August 7, 2026
UFOs and Defense: French Military Elite…

Inside This Report A panel of retired French generals, scientists,…

By – Samuel Lopez
America August 7, 2026
From Prom Night to the Audition…

Inside This Report Ariana Grande’s “Petal” video ends with her…

By – Samuel Lopez
America August 7, 2026
From Prom Night to the Audition…

Inside This Report Ariana Grande’s “Petal” video ends with her…

By – Samuel Lopez
America August 7, 2026
From the Courtroom to the Newsroom:…

INSIDE THIS REPORT Attorneys are increasingly seeking accurate, responsible media…

By – Samuel Lopez
America August 7, 2026
Pretty Shocking’: U.S. Economy Loses 23,000…

Four months of positive job growth were supposed to mean…

By – Rihem Akkouche
America August 7, 2026
Two Aboard, Fate Unknown: Firefighting Helicopter…

Two people were in the air fighting a fire that…

By – Rihem Akkouche
America August 7, 2026
A $147 Million Settlement, One Signature…

A settlement announced in June was supposed to close the…

By – Rihem Akkouche
America August 7, 2026
From Scoresby Sund to the Balearics:…

When was the last time the moon’s shadow fell across…

By – Rihem Akkouche
America August 7, 2026
Zendaya and Tom Holland Net Worth…

Zendaya and Tom Holland’s net worth continues to attract attention…

By – Jackie Allen
America August 6, 2026
Giant Robot Abandoned at Pop Star’s…

The Giant Robot towering over the English countryside has become…

By – Jackie Allen
America August 6, 2026
Mexican Influencer Cesar Gastélum Shot Dead…

CULIACÁN, Mexico — Mexican Influencer Cesar Gastélum, a 24-year-old TikTok…

By – Jackie Allen
And More August 6, 2026
Miss North Carolina USA Dethroned as…

Miss North Carolina USA titleholder Brittany Boltinhouse has lost her…

By – Michallie Harrison
America August 5, 2026
SpaceX Rocket Stage Crashed Into the…

A massive SpaceX rocket stage believed to have slammed into…

By – Jackie Allen
America August 5, 2026
Gangbanger Family Accused of Helping Son…

 A Gangbanger family is at the center of a sweeping…

By – Jackie Allen
America August 5, 2026
Gangbanger Family Accused of Helping Son…

 A Gangbanger family is at the center of a sweeping…

By – Jackie Allen
America August 4, 2026
Reflecting Pool Damage: DOJ Says Construction…

WASHINGTON (AP) — The controversy over the Reflecting Pool damage…

By – Jackie Allen
America August 4, 2026
Build Your Dreams: Chinese EV Giant…

Build Your Dreams, better known by its initials BYD, has…

By – Jackie Allen
America August 4, 2026
Spokane Wildfires: Arson Charge Filed as…

SPOKANE, Wash. (AP) — The Spokane wildfires have left widespread…

By – Jackie Allen
America August 3, 2026
Illegal Immigrant Arrested by ICE in…

A Guatemalan illegal immigrant accused of rape and several other…

By – Jackie Allen
America August 3, 2026
AI Cheating Debate Grows After Mississippi…

AI Cheating has become the center of a national conversation…

By – Jackie Allen
America August 7, 2026
The Blood Imagery That Sparked a…

INSIDE THIS REPORT Ariana Grande’s Petal video debuted with some of the…

By – Samuel Lopez
America August 6, 2026
Federal Judge Dismisses Murdaugh’s $600K Payback…

INSIDE THIS REPORT A federal judge ruled Alex Murdaugh cannot…

By – Samuel Lopez
America August 6, 2026
Wall Street Under Siege: AI-Powered Cyberattack…

INSIDE THIS REPORT Elite hedge funds including Two Sigma, Citadel,…

By – Samuel Lopez
America August 6, 2026
Rogue AI or Vendor Negligence? Meta…

INSIDE THIS REPORT Meta is the third major tech giant…

By – Samuel Lopez
America August 6, 2026
Bigelow Says He Handed Trump the…

Inside This Report Robert Bigelow says he met privately with…

By – Samuel Lopez
America August 5, 2026
From Brockman to Bhargava, Sen. Wyden’s…

Inside This Report Senate investigators linked a $255 million Swiss-bank…

By – Samuel Lopez
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter