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Simpson Thacher Wins Summary Judgment For Factory Mutual Against Sacramento Kings

10.22.24

On October 21, 2024, the Eastern District of California awarded summary judgment to Firm client Factory Mutual Insurance Company in an insurance coverage litigation against the Sacramento Kings NBA franchise. The Kings sought coverage under an $850 million Factory Mutual property insurance and business interruption policy, on the theory that COVID-19 and public health orders resulted in various business losses. In granting summary judgment to Factory Mutual, the Court held that the policy’s exclusion for “any condition of property” due to a “virus” unambiguously barred coverage.

The case is Sacramento Downtown Arena LLC, et al. v. Factory Mutual Ins. Co., No. 2:21-cv-00441 (E.D. Cal.).

Laura Lin argued the motion for Factory Mutual, which was also represented by Bryce Friedman, Matthew Penny and Sarah Forbes.