Ill. Federal Judge Dismisses COVID-19 Coverage Action Upon Reconsideration

CHICAGO — An Illinois federal judge has dismissed with prejudice a COVID-19 coverage action filed against Continental Casualty Co. by three small businesses, recanting his earlier finding that they adequately alleged “physical loss of or damage to” covered property.

In an Aug. 13 order, Judge Charles P. Kocoras of the U.S. District Court for the Northern District of Illinois found changes plaintiffs made to their properties in response to the pandemic, including the installation of plexiglass and outdoor patios, do not constitute a “distinct, demonstrable, physical alteration,” as required by the policy.

The judge explained that the alleged alterations “are …