Summary
affirming decision rejecting insured's claim under North Carolina law based on Uncork, because insured failed to plausibly allege tangible, physical harm to covered property or a tangible loss of covered property
Summary of this case from ACAC Downtown, LLC v. Cincinnati Ins. Co.Opinion
21-2119
08-11-2022
GOLDEN CORRAL CORP.; GOLDEN CORRAL FRANCHISING SYSTEMS INC., Plaintiffs - Appellants, v. ILLINOIS UNION INSURANCE COMPANY, Defendant-Appellee.
Gregg McDougal, Lawrence R. Duke, William R. Hartzell, MCDOUGAL LAW FIRM, PLLC, Raleigh, North Carolina, for Appellants. Robert W. Fisher, James M. Bauer, CLYDE &CO U.S. LLP, Atlanta, Georgia; Jennifer A. Welch, Theodore B. Smyth, CRANFILL SUMNER LLP, Raleigh, North Carolina; Jonathan D. Hacker, Jenya Godina, O'MELVENY &MYERS LLP, Washington, D.C., for Appellee.
UNPUBLISHED
Submitted: July 20, 2022
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:20-cv-00349-D)
ON BRIEF:
Gregg McDougal, Lawrence R. Duke, William R. Hartzell, MCDOUGAL LAW FIRM, PLLC, Raleigh, North Carolina, for Appellants.
Robert W. Fisher, James M. Bauer, CLYDE &CO U.S. LLP, Atlanta, Georgia; Jennifer A. Welch, Theodore B. Smyth, CRANFILL SUMNER LLP, Raleigh, North Carolina; Jonathan D. Hacker, Jenya Godina, O'MELVENY &MYERS LLP, Washington, D.C., for Appellee.
Before AGEE and HEYTENS, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Golden Corral Corporation and Golden Corral Franchising Systems, Inc. (hereinafter referred to collectively as "Golden Corral"), appeal the district court's order granting Illinois Union Insurance Company's Fed.R.Civ.P. 12(c) motion for judgment on the pleadings in Golden Corral's action seeking insurance benefits for business losses Golden Corral incurred during the COVID-19 pandemic. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order. See Golden Corral Corp. v. Ill. Union Ins. Co., No. 5:20-cv-00349-D (E.D. N.C. Sept. 8, 2021); see also Uncork &Create LLC v. Cincinnati Ins. Co., 27 F.4th 926, 933-34 (4th Cir. 2022) (holding that insurance "policy's coverage for business income loss and other expenses d[id] not apply to [plaintiff's] claim for financial losses [caused by the COVID-19 pandemic] in the absence of any material destruction or material harm to its covered premises" and further "observ[ing] that our holding is consistent with the unanimous decisions by our sister circuits, which have applied various states' laws to similar insurance claims and policy provisions").
We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED