Steakhouse Failed to Allege ‘Physical Damage,’ Judge Rules in COVID-19 Coverage Case
May 3, 2021
CHICAGO — An Illinois federal judge has dismissed a steakhouse’s COVID-19 coverage action against The Cincinnati Insurance Co., ruling that it failed to allege that the presence of the virus on its property caused “direct physical loss,” as required by the policy.
In an April 29 order, Judge Jorge L. Alonso of the U.S. District Court for the Northern District of Illinois concluded that L&J Mattson’s Co., which operates Mattson’s Steak House in Burbank, Ill., did not allege any concrete or tangible damage to property.
“The plain language of the policies unambiguously states that the insurable event which gives rise …