Ill. Appeals Panel Upholds Dismissal of Café’s COVID-19 Coverage Action

GENEVA, Ill. — An Illinois appellate court has upheld dismissal of a café’s COVID-19 coverage action against Society Insurance Inc., ruling it did not sustain “direct physical loss of or damage to Covered Property,” as required by the policy.

In a March 15 order, the Illinois Court of Appeal, 2nd District, concluded “the policy unambiguously requires a physical alteration or substantial dispossession, not merely loss of use, which is what café sufficiently pleaded it experienced.”

Sweet Berry Café Inc. sought a declaration that its commercial property insurance policy with Society covered business income losses it sustained due to the …