Society Insurance prevails in COVID business interruption case

An Illinois state judge has ruled in favor of Society Insurance in litigation filed by a group of bar-restaurants and licensed gaming facilities over COVID 19-related business interruption coverage.

“Unfortunately for Plaintiffs, their contention that the (presumed) presence of the COVID-19 virus constitutes direct physical loss of or damage to their properties is not supported by Illinois case law,” said Judge Kevin G. Costello of the state circuit court in Woodstock, Illinois, in his Nov. 15 ruling in IM Stein Inc. d/b/a Halftime Bar & Grill et. al. v. Society Insurance, et al.

The ruling makes no mention of a virus exclusion.

In August, a Chicago judge ruled in favor of Fond Du Lac, Wisconsin-based Society in 17 separate COVID-19-related business interruption cases.