A judge in Chicago ruled in favor of a Wisconsin insurer in 17 separate cases of COVID-19 business interruptions this week.
Decisions issued by Judge Moshe Jacobius of Cook County Circuit Court in Chicago included Tuesday's Station Two LLC, d / b / a Firehouse Grill et al. v. Society Insurance Inc. filed by a group of restaurants against Fond Du Lac, Wisconsin-based Society Insurance Inc.
As with other judgments against policyholders, Judge Jacobius said the plaintiffs in the case have not established the direct physical loss required by the coverage.
"The court finds no ambiguity in the policy of 'direct physical loss or damage to covered property', which triggers coverage. Plaintiffs urge this court to find that the SARS-CoV-2 particles cause "direct loss of" or "damage to" property. but the court is not persuaded. "
Judge Jacobius said he did not agree with the Feb. 22 ruling by Judge Edmond E. Chang at the U.S. District Court in Chicago, which refused to dismiss multi-district disputes for business interruptions against community insurance.
Judge Chang's opinion "Found only a genuine question of substantive facts as to whether a reasonable jury could find a physical loss of use of the property can trigger coverage," the judgment said.
"In addition, most of the disputes in the U.S. District Court in Illinois as well as other cases in the Circuit Court in Cook County found no coverage under the insurance policy because the plaintiff (ha) has not forced any factors showing physical change or structural demolition of the property "," it was stated in the decision with reference to an earlier decision and the granting of the insurer's request to dismiss the case. , said in a statement, "We are pleased that the Illinois Court of Justice correctly applied the terms of the Society policy in each of these cases."
The statement stated: society's policyholders and all companies affected by the pandemic, the current circumstances do not change the terms of the Society's insurance contract or create insurance coverage for r losses that fall outside these terms of the contract.