‘Acts or Decisions’ Exclusion Bars Coverage for Lost Flower Stock, Calif. Federal Judge Rules

SAN DIEGO — A policy’s Acts or Decisions Exclusion prevents two flower distributors from obtaining coverage for more than $2 million worth of stock they lost when they were barred from accessing their warehouses during the COVID-19 pandemic, a California federal judge has ruled.

However, in the March 8 order, Judge Janis L. Sammartino of the U.S. District Court for the Southern District of California gave plaintiffs the opportunity to amend their complaint against Travelers Property Casualty Company of America.

FlorExpo and Kendal are importers and distributors of fresh-cut flowers from South America. In a June 7 complaint, plaintiffs allege …