The court granted the insurer's motion for judgment on the pleadings, in part, but left the door open for the insured to pursue claims under two provisions in the policy. Monarch Casino & Resort v. Affiliated FM Ins. Co., 2021 U.S. Dist. LEXIS 179812 (D. Colo. Sept. 17, 2021).

Monarch owned a casinos in Reno, Nevada and Black Hawk, Colorado. Monarch submitted a claim to its insurer, Affiliated, for business interruption losses due to COVID-19. Monarch alleged that it incurred business interruption losses of between $7,500,000 and $12,500,000 a month due to COVID-19 and the attendant executive orders directing the closure of the two casinos.