A judge in Chicago who refused to dismiss litigation over covid-19 business interruptions filed by construction companies against a unit in the CNA Financial Corp. said on Monday that he stands by his decision.
Judge Raymond W. Mitchell of the Cook County Circuit Court & # 39 ;s Chambers in Chicago, said he would not reconsider his decision on August 12 in JDS Construction Group, LLC and 9 Dekalb Fee Owner LLC v. Continental Casualty Co.
The case was filed against the CNA unit Continental Casualty Co. by New York-based construction management firm JDS Construction Group LLC and Nyack, New York-based 9 Dekalb Fee Owner LLC, a construction developer who was developing an 80-story condominium tower in Brooklyn.
Judge Raymond W. Mitchell said in his reconsideration. motion CNA "has cited several decisions from New York and Illinois, arguing that courts in both jurisdictions have unanimously ̵
" What is remarkable about the defendant's motion for reconsideration is that it is deprived of even a single reference to the plaintiff's complaint, "which alleges not only the presence of the virus in the insured premises, but also how its drops caused structural damage and alterations to the property, the judgment said.
"There seems to be some indication that the order of 12 August 2021 must be incorrect. because so many other courts have come to the opposite conclusion ", it is stated in the judgment. But these decisions are not "helpful" in this case, he said, adding: "Judges are not sheep, and I do not decide a case by counting noses."
Ziffer Frenchman and Mc Kenna LLP in New York, said in a statement, "We … are grateful that the court ignored the carrier's bid for herd dismissal based on various invoked cases that have no precedent value and / or resolved – at the filing stage – questioned facts about a emerging and new coronavirus. "
CNA did not respond to a request for comment.