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Judge stands by decision to deny dismissal of BI suit

The motion was denied as the defendants failed to note any part of the plaintiff’s complaints.

By Hannah Smith | October 27, 2021 at 03:00 AM
Defense counsel argues that it didn't matter what plaintiffs alleged in their complaint because a virus such as COVID can never trigger coverage since it can just be wiped off. The judge noted that there is far from universal agreement on how the virus attaches to surfaces and the effectiveness of cleaning efforts. (Credit: Chansom Pantip/Shutterstock) Defense counsel argues that it didn’t matter what plaintiffs alleged in their complaint because a virus such as COVID can never trigger coverage since it can just be wiped off. The judge noted that there is far from universal agreement on how the virus attaches to surfaces and the effectiveness of cleaning efforts. (Credit: Chansom Pantip/Shutterstock)

Cook County’s Judge Raymond Mitchell has rejected Continental Casualty Company’s motion for reconsideration of an earlier August ruling denying a motion to dismiss a business interruption lawsuit filed by JDS Construction Group.

The case involves the important issue of whether the COVID-19 virus causes “physical loss or physical damage.” In the motion for reconsideration, Continental Casualty cited several decisions from New York and Illinois asserting that courts in both jurisdictions overwhelmingly found that the presence of the virus does not trigger coverage under a policy requiring “direct physical loss or damage to property.”

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