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"Because it is not entitled to coverage under the Policy, Plaintiff cannot state a claim for breach of contract." 10E, LLC v. Travelers Indem. Co., No. 2:20-cv-04418-SVW-AS, 2020 WL 5359653, at *6 (C.D. Cal. Sept. 2, 2020). In making this statement, a federal judge extended this rule of insurance law to COVID-19 coverage claims.
The federal judge further ruled in 10E, LLC that in the absence of coverage, the policyholder in this first-party insurance case could not state a viable claim under California's Unfair Competition Law, either. 10E, LLC, 2020 WL 5359653, at *6.
The reach and reasoning of holdings that where there is no insurance coverage, other claims are not available including claims for insurance bad faith, are addressed in 1 Dennis J. Wall, Litigation and Prevention of Insurer Bad Faith § 3:28 (third-party cases) (Thomson Reuters West 3d ed. & 2020 Supps); and in id., Volume 2, §§ 9:1 & 9:14 (first-party cases).
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