Gordon Rees Scully Mansukhani attorneys Daniel Feinberg and Jonathan Federman secured a Seventh Circuit opinion affirming the dismissal of an insurance coverage lawsuit. The coverage suit sought business interruption coverage as to claims that COVID-19 was likely on the premises.
The plaintiff argued that there was adequate allegations that COVID-19 was likely on the premises and that there was a complete loss of use of the property. The plaintiff further argued that, if there was no coverage under Illinois law, then there was a conflict between Illinois and North Carolina law.
The Seventh Circuit rejected the plaintiff’s arguments, finding that the insurance coverage required physical, tangible harm to the property before being triggered, that there was no complete dispossession of the property, and the plaintiff could not meet its burden to establish a conflict of law between Illinois and North Carolina.