Sherlene Wong v. Stillwater Insurance Company

(Insurer Entitled to Summary Judgment Because Insureds Failed to Meet Their Burden of Establishing Direct Physical Loss Sustained by Embryos Caused by a Specific Peril Covered by Homeowners Insurance Policy)

(September 2023) - In Sherlene Wong et al. v. Stillwater Ins. Co., 92 Cal.App.5th 1297 (June 30, 2023), the California First District Court of Appeal affirmed the trial court's entry of summary judgment in favor of Stillwater Insurance Company ("Stillwater") in connection with a claim for property damage made by insureds, Sherlene and Lawrence Wong (the "Wongs"), under a homeowners insurance policy. The Wongs contended their personal property coverage was triggered under their homeowners insurance policy in connection with the loss of three embryos stored in a cryogenic tank that used liquid nitrogen to store human embryos at very low temperatures. The seal in the tank failed causing the some or all the embryos to thaw. After consulting with their doctor, the