Foley Secures Eighth Circuit Win for Arch Insurance in Ski Pass Coverage Dispute

Foley & Lardner LLP announced today that it represented Arch Insurance Company (“Arch”) in its recent win before the U.S. Court of Appeals for the Eighth Circuit, in a multidistrict litigation in which the plaintiffs alleged that the insurer improperly failed to provide coverage for the remaining unused value of their season ski passes after the ski resorts closed due to the pandemic.

The plaintiffs were three skiers, each of whom had purchased an Ikon brand season pass for the 2019-2020 ski season, together with a ski pass insurance policy from Arch.  In mid-March 2020, while the ski season was still underway, Ikon-compatible ski resorts closed due to the COVID-19 pandemic.  The skiers sued for reimbursement under the policy for the loss of their ski pass benefits.

In September 2021, a Missouri federal court dismissed the putative class action against Arch with prejudice.  On Monday, February 27, U.S. Circuit judges affirmed.

The Foley team representing Arch was led by Partners Sue Schwartz and Erik Swanholt, and included Senior Counsel Benjamin Bassoff and Associates Daniel Bernard and Jessica Walker.