Firebirds Restaurants Not Covered for COVID-19 Losses, Ill. Court Affirms

CHICAGO — Restaurant owner Firebirds International Inc. cannot recoup COVID-19-related losses from Zurich American Insurance Co. because the policies’ contamination exclusion bars coverage, an Illinois appellate panel has affirmed.

On May 20, the Illinois Court of Appeal, 1st District, upheld a trial court ruling that the contamination exclusion is not ambiguous and applies to Firebirds’ business income losses because it lists “virus” in its definition of “contamination.”

Firebirds owns more than 50 wood fired grill restaurants in 19 states. To curb the spread of COVID-19, government officials in each of those states issued orders barring restaurants from offering dine-in service. …