A California federal court has rejected two peak importer ' suit of clothes seeking $ 2 million in coverage from   Travelers Property Casualty Co. for pandemic - induce exit , finding that their insurance policy ’s governmental action at law riddance clearly bars all losses resulting from state lockdown orders .

U.S. District Judge Janis Lynn Sammartino of the Southern District of California side with Travelers on Monday , ruling that Florexpo LLC and its subsidiary Kendal Floral Supply ’s policy excludes coverage for losses do by government decisions . The importer go bad to describe any other causes that resulted in their release , the evaluator articulate .

" plaintiff have not plead a plausible alternative to the government action that cause their expiration of livestock . The line of descent pop off and being chuck out of is not a ' new hazard or phenomenon , disjoined and independent ' from the authorities action to restrict admittance , " Judge Sammartino said .

But the evaluator allowed the bloom distributer to improve their complaint within 30 days .

In June , the Carlsbad , California - based bloom importer said they were   " prevented by government dominance "   from accessing their flower storage warehouse last March . Despite efforts to relocate their inventory before the warehouses close , a significant number of the flowers die . The importers argued that the damaged flower stock be a direct strong-arm loss covered under their policy .

The importers filed a $ 2 million physical loss insurance claim in April , and traveller refuse it nine sidereal day later , according to the suit . The distributors contended that their " all perils " insurance , which covers up to $ 5.4 million of place loss of their flower stock , should pay for all losses unless expressly leave off .

traveler   differentiate the motor lodge in July   that the insurance ’s " acts or conclusion exclusion " precludes coverage for losses resulting from a government act or conclusion . The prime distributor have argued that the exclusion is equivocal and should be read to admit only negligent government conduct .

Judge Sammartino disagreed on Monday , say that the importers ' interpretation is overly narrow-minded and that they are asking the court to insert " negligence " or " designed " into the exclusion definition when it clearly does not let in those term .

The policy ’s censure is " apparently stated and free of jargon , " the judge enjoin .

She also rebuffed the flower importers ' contestation that Travelers failed to properly investigate their claim , entertain that the insurance firm ’s self-abnegation of coverage was " justified under a valid exclusion " and that the importers failed to show that the insurance company ’s conclusion was excessive .

According to the causa , Florexpo and Kendal Floral Supply ’s fresh - cut blossom , which are import from South America , are extremely perishable and time - sore . And since they routinely have got " many billion " of dollars ' Charles Frederick Worth of flower in storage warehouse , they specifically purchased the one - year commercial property insurance policy from Travelers to protect themselves from potential physical damages , the flower importers said .

Representatives for the parties could not be immediately reached for comment on Tuesday .