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Vail Resorts Sees Virus Closure Suit Dropped After Credit Offer

May 22, 2020, 3:05 PM

The Vail Corp., which reached out to season pass holders late last month, saw the dismissal of a class action alleging the company kept customers’ fees after shutting down its ski resorts due to the coronavirus public health emergency.

Plaintiffs Brian Hunt, Dan Kodama, and Michael Odell previously claimed Vail, which does business as Vail Resorts Management Co., “made the unconscionable decision to retain its millions of customers passholder fees while closing 100% of its mountain resorts” on March 25.

On April 27 Vail announced it was giving 2019-2020 season pass holders credits based on the number of days they were able to use their pass, as well as coverage that will provide refunds to 2020-2021 pass holders in the event of certain future resort closures. The company announced May 21 that it hopes to resume operations at its resorts by late June or early July.

The plaintiffs informed the U.S. District Court for the Northern District of California May 21 that they were voluntarily dismissing their claims against Vail. However, they didn’t dismiss their claims against American Claims Management, Beecher Carlson Insurance LLC, and United Specialty Insurance Co., which the plaintiffs claimed refused to honor their season ski pass insurance policies.

Hunt brought similar claims against Pleasanton Fitness LLC, doing business as Fit Republic, over the closure of its gym locations. He voluntarily dismissed that case in April.

The plaintiffs are represented by Bursor & Fisher PA.

The case is Hunt v. Vail Corp., N.D. Cal., No. 4:20-cv-02463, notice of voluntary dismissal filed 5/21/20.

To contact the reporter on this story: Brian Flood in Washington at bflood@bloomberglaw.com

To contact the editors responsible for this story: Rob Tricchinelli at rtricchinelli@bloomberglaw.com; Steven Patrick at spatrick@bloomberglaw.com

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