According to Fresca’s complaint, Citizens Insurance responded that it would extend business interruption coverage for the evacuation of the two facilities for a period of time between 2:24 p.m. on Dec. 31, 2021, and 1 p.m. on Jan. 1, 2022.
The insurer subsequently informed Fresca Foods that there would be no business interruption coverage under its utility service coverage because it alleges neither of the water treatment plants sustained direct physical damage from the wildfire.
Fresca Holding Co. LLC is represented by Bradley A. Levin and Jeremy A. Sitcoff of Levin Sitcoff Waneka PC.
Attorneys for Fresca argue that, while its policy excludes coverage for loss or damage caused by utility services, it does however include a broader endorsement that does provide coverage for loss or damages related to an interruption of utility services.
Fresca’s attorneys also allege that the insurer failed to consider that the presence of non-potable water in the system made the Fresca Food facilities unsafe.
