Thank You For Submiting Feedback!
United States District Court for the District of New Jersey
May 12, 2021, Decided; May 12, 2021, Filed
Civil Action No. 20-10167 (SDW) (LDW)
WIGENTON, District Judge.
Before this Court are Plaintiff Ralph Lauren Corporation's ("Plaintiff") Motion for Partial Judgment on the Pleadings and Factory Mutual Insurance Company's ("Defendant") Cross-Motion for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure ("Rule") 12(c). This Court has jurisdiction pursuant to 28 U.S.C. § 1332. Venue is proper pursuant to 28 U.S.C. § 1391(b). This Court, having considered the parties' submissions, decides this matter without oral argument pursuant to Rule 78. For the reasons stated herein, Plaintiff's Motion is DENIED and Defendant's Cross-Motion is GRANTED.
I. BACKGROUND AND PROCEDURAL HISTORY
Founded in 1967, Plaintiff is a "global leader" in the business of designing, marketing, and distributing premium lifestyle products such as clothing and accessories. (D.E. 1 ¶ 7.) Plaintiff [*2] operates over 1,000 stores globally. (Id. ¶ 9.) When the COVID-19 pandemic reached the United States ("U.S.") in early 2020, public officials across the country, including those in New Jersey, New York City, and Los Angeles issued emergency orders ("Stay-at-Home Orders") to prevent the spread of SARS-CoV-2 (the "Virus"). (Id. ¶¶ 23-24, 34, 38-40; D.E. 30-1 at 2.) The Stay-at-Home Orders "typically require[d] . . . 'non-essential'" businesses to close, including Plaintiff's stores in applicable U.S. locations and other countries with similar government orders. (D.E. 1 ¶¶ 38, 48-50.) Many U.S. locations subsequently opened, subject to government orders that limited operational capacity. (Id. ¶ 49.) The government restrictions caused Plaintiff "substantial damage" (id. ¶ 52)—from expenses incurred to continue business as practicable to lost profits. (See id. ¶ 51.) Plaintiff also avers that COVID-19 and the Stay-at-Home Orders caused it to suffer "direct physical loss and/or damage to its property." (Id. ¶ 55.)
On March 30, 2020, Plaintiff filed an initial claim for insurance coverage under a policy (the "Policy") issued by Defendant.1 (Id. ¶¶ 14, 109.) The Policy insures Plaintiff's covered [*3] locations "against all risks of physical loss or damage, except as [ ] excluded." (D.E. 1-1 ("P.") at 1.)2 Plaintiff maintains that its claim falls under the following "Property Damage" and "Time Element" Policy provisions:
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2021 U.S. Dist. LEXIS 90526 *; 2021 WL 1904739
RALPH LAUREN CORPORATION, Plaintiff, v. FACTORY MUTUAL INSURANCE COMPANY, Defendant.
Notice: NOT FOR PUBLICATION
Pleadings, insured, physical loss, communicable disease, coverage, Provisions, Virus, Orders, suspected, Partial, Contamination, Cross-Motion, insured location, property damage