Country Singer's Nashville Bar Sues Insurer For Virus Losses

By Daphne Zhang
Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters. Signing up for any of our section newsletters will opt you in to the daily Coronavirus briefing.

Sign up for our Food & Beverage newsletter

You must correct or enter the following before you can sign up:

Select more newsletters to receive for free [+] Show less [-]

Thank You!



Law360 (August 27, 2020, 5:15 PM EDT) -- A Nashville bar run by country singer Dierks Bentley has challenged Mt. Hawley Insurance Co.'s refusal to cover its losses from government closure orders due to COVID-19, alleging in a suit removed to Arizona federal court that its losses are covered under an $8 million policy.

Whiskey Row Nashville LLC, doing business as Dierks Bentley's Whiskey Row, first sued Mt. Hawley in Arizona state court in late July before the carrier removed the suit to the district court Wednesday. The bar said it has suffered devastating revenue loss after being forced to suspend operations in March, and its very existence is at risk.

Dierks Bentley's pub alleged that Mt. Hawley is intending to injure its policyholder or create a risk of "significant harm" by wrongfully denying coverage without conducting a thorough investigation in late May. The bar holds a commercial property policy with an $8 million coverage limit for business interruption, according to the suit.

In the complaint, the bar said Mt Hawley "misrepresented" the government executive orders as mere "guidelines." Mt Hawley asserted in the coverage denial letter that Whiskey Row did not sustain a direct physical loss or damage because it was closed due to "government guidelines," according to the suit.

Whiskey Row said it incurred direct physical loss to its property including the customers losing access to physically enter and eat at the pub, and its ability to function as intended to provide dine-in service due to the government closure orders. The bar said case laws have held that physical damage is not restricted to physical destruction but also loss of access and loss of use.

The pub alleged that the insurer "glibly" stated that the government orders were put in place as a "preventive" measure to curb the spread of COVID-19, but not issued due to any covered loss causing damage to Whiskey Row's property. The orders were at least made partially due to the presence of COVID-19 in the community within its premise, the bar said.

However, since the government orders did not mention that the novel coronavirus was spreading on its property, Mt. Hawley cannot avoid paying claims by citing the policy's pollutant exclusion, the pub said. The carrier "intentionally" failed to mention that for the exclusion to apply, the pollutant "discharge" or "dispersal" must be from Whiskey Row's property, it added.

Yet nowhere in the government orders was it stated that pollutants or viruses were discharging or spreading from its properties' surface, Whiskey Row said, so the exclusion was not triggered.

The bar is alleging breach of contract in Mt. Hawley's denying coverage and breach of the duty of good faith and fair dealing in the carriers' alleged failure to conduct a complete claim investigation. It is seeking punitive and compensatory damages to be determined in a jury trial as well as attorney fees.

Representatives for the parties could not immediately be reached for comment Thursday.

Whiskey Row is represented by Jonathan Grant Brinson of Polsinelli PC.

Mt. Hawley is represented by Dean C Burnick of Morison & Prough LLP, Michael D Prough of Morison & Prough LLP and Jordan Ross Plitt and Steven Plitt of Cavanagh Law Firm PA.

The case is Whiskey Row Nashville LLC v. Mt. Hawley Insurance Co., case number 2:20-cv-01674, in the U.S. District Court for the District of Arizona.

--Editing by Stephen Berg.

For a reprint of this article, please contact reprints@law360.com.

Attached Documents

Useful Tools & Links

Related Sections

Case Information

Case Title

Whiskey Row Nashville LLC v. Mt. Hawley Insurance Company


Case Number

2:20-cv-01674

Court

Arizona

Nature of Suit

Contract: Insurance

Judge

Dominic W Lanza

Date Filed

August 26, 2020

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!