Mac Prop. Grp. LLC v. Selective Fire & Cas. Ins. Co.

Opinion

Defendant moves to dismiss plaintiff's Complaint in this matter pursuant to Rule 4:6-2.

BACKGROUND

The Complaint filed by Plaintiffs Mac Property Group, LLC and the Cake Boutique seeks recovery from defendant Selective Fire and Casualty Insurance Company under a policy of insurance issued by Selective Fire and Casualty Insurance Company bearing Policy No. S 1982947. The policy at issue covered the period April 28, 2019 to April 28, 2020. That policy was subsequently renewed for the period April 28, 2020 to April 28, 2021.

The policy provides coverage for the insured location at 115 Swedesboro Road, Mullica Hill, New Jersey. The Complaint asserts that the policy provides coverage for both action of civil authority and business income and extra expense losses.

Plaintiffs allege that they sustained a loss of business income and incurred extra expense as a result of the following [*2]  four events:

1. Executive Order 103 issued by New Jersey Governor Philip D. Murphy on March 9, 2020;

2. The World Health Organization Declaration of a Global Pandemic on March 11, 2020 related to COVID-19;

3. President Donald Trump's Declaration of a National Emergency as a Result of COVID-19 on March 13, 2020; and

4. Executive Order 107 issued by New Jersey Governor Philip D. Murphy on March 21, 2020.

Plaintiffs assert that they suffered direct physical loss and damage to property as a result of being unable to use their property for its intended purpose. As a result of the actions identified above, it is asserted that plaintiffs were required to suspend business operations. Plaintiffs allege causes of action for breach of contract and for declaratory judgment pursuant to N.J.S.A. 2A:16-50 et seq.

EXECUTIVE ORDER 103

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