DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
213087P.pdf 02/27/2023 Mark Rossi v. Arch Insurance Company
U.S. Court of Appeals Case No: 21-3087
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Kelly, Author, with Smith, Chief Judge, and Grasz, Circuit
Judge]
Civil case - Insurance. When plaintiffs purchased an Ikon multi-resort ski
pass, they also bought an optional "Ski Pass Preserver" insurance policy
from defendant for the 2019-2020 ski season; plaintiffs' use of the Ikon
pass was impacted by COVID-19 restrictions, and they sought reimbursement
for the lost part of the ski season, arguing they were "quarantined"
within the meaning of the policy; while the word is not defined in the
policy, read together with the surrounding conditions, the word quarantine
implies a restriction akin to compulsory or compelled isolation;
plaintiffs did not suffer quarantine within the meaning of the policy's
coverage; the complaint did not plausibly allege that the stay-at-home
orders and related ski resort closures were quarantines within the meaning
of the insurance policy and thus did not plausibly allege a loss based on
a covered event. Judge Grasz, concurring in the judgment.