In an apparent case of first impression nationwide, Mountain Creek Resort, Inc. has sued its insurance carrier, Everest Indemnity Insurance Company, in an attempt to force the insurer to pay a claim under a weather insurance policy underwritten by the company. Although this lawsuit appears to be the first of its kind anywhere in the United States, the lack of case law is hardly surprising given the way in which weather insurance policies for ski resorts are drafted. In essence, weather insurance is business interruption insurance with a twist. It is designed to protect a ski resort against weather so bad that it would almost certainly prevent the resort from opening in time for the Christmas holiday. Unfortunately for skiers across the country, that was exactly the type of unprecedentedly warm “winter” weather that hit much of the country last December.