Connecticut cannabis operator’s $1.3M fire claim goes up in smoke | How to buy Skittles Moonrock online

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A fire that destroyed nearly 1,000 marijuana plants won’t cost Connecticut’s first licensed cultivator’s insurance company $1.3 million after all.

A federal judge ruled last week that National Fire & Marine Insurance Co., a Berkshire Hathaway unit, does not owe Theraplant LLC business interruption coverage for the 2020 incident, finding the company failed to demonstrate actual operational losses at its Watertown facility.

The ruling hinged on a key requirement in Theraplant’s policy – proving that suspension of operations, not just property damage, caused income losses. Judge Vernon D. Oliver found no evidence supporting the link.

According to court documents, Theraplant’s seven flowering rooms are specially equipped for marijuana plants to spend 56-63 days flowering before being processed. When a light bulb burst in February 2020, the fire damaged one room and its 998 plants, which were only four days into the flowering stage.

While repairs kept the room closed until mid-April, Theraplant’s own witness testified there was “no disruption” to production in other rooms. The company’s March 2020 email to its claims adjuster further undermined its case, noting plants wouldn’t be ready for the damaged room for “five weeks.”

“The parties agree that a lengthy delay would have caused a drop in Theraplant’s income, but Theraplant can point to no evidence of a delay,” Judge Oliver wrote.

National Fire paid nearly $500,000 for building and equipment damage. However, Theraplant never purchased crop insurance, complicating its broader claims.

Initially sold to Greenrose Holding in 2021, Theraplant was later acquired by DXR Finance 3, an East Hampton, N.Y.-based DXR Holdco subsidiary, through a foreclosure agreement that eliminated over $4.1 million in debt, Green Market Report previously reported. Last year, state regulators confirmed “several cases” are open against the company, though details remain confidential during the investigations, according to the CT Insider.

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