ROSE'S 1, LLC v. ERIE INS. EXCHANGE

No. 20-CV-0535.

290 A.3d 52 (2023)

ROSE'S 1, LLC, et al., Appellants, v. ERIE INSURANCE EXCHANGE, Appellee.

District of Columbia Court of Appeals.

Decided March 2, 2023.


Attorney(s) appearing for the Case

Michael C. Davis , Washington, with whom David L. Feinberg , Mary M. Gardner , Washington, and Jonathan K. Hettleman were on the brief, for appellants.

George E. Reede , with whom Jessica E. Pak , was on the brief, Washington, for appellee.

Scott Levitt , Newport Beach, with whom Georgia Kazakis , Dustin Cho , and Mark Mosier of Covington & Burling LLP, Washington, filed a brief on behalf of Local Restaurants Insured by Erie Insurance Exchange as amicus curiae.

Lorelie S. Masters , Washington, with whom Geoffrey B. Fehling , Boston, and Latosha M. Ellis , Washington, of Hunton Andrews Kurth, LLP, filed a brief on behalf of United Policy Holders and National Independent Venue Association as amicus curiae.

Laura A. Foggan of Crowell & Moring LLP, Washington, filed a brief on behalf of The American Property Casualty Insurance Association and National Association of Mutual Insurance Companies as amicus curiae.

Victoria S. Nugent , Washington, with whom Andrew N. Friedman , Julie Selesnick , Geoffrey Graber , and Karina G. Puttieva , Washington, of Cohen Milstein Sellers & Toll PLLC, Andre M. Mura , of Gibbs Law Group LLP, Oakland, and Angelo I. Amador of Restaurant Law Center, filed a brief on behalf of Restaurant Association of Metropolitan Washington and Restaurant Law Center as amicus curiae.

Before Blackburne-Rigsby, Chief Judge, Beckwith, Associate Judge, and Thompson, Senior Judge.


Several restaurants and food service businesses1 in the District of Columbia are appealing a summary judgment ruling in favor of appellee, Erie Insurance Exchange ("Erie"). The trial court determined that the Erie Ultrapack Plus Policy ("Policy") held by appellants throughout the COVID...

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