Recent case holds that insurance policy must cover some Covid-related damages

Legal Malpractice Illinois & Wisconsin | Patterson Law Firm

Most claims made to insurance companies for Covid-related damages have been denied based on one exclusion or another. In a recent case, however, the First District Appellate Court affirmed the denial of coverage for some insurers, but reversed the decision as to one insurance policy. The successful policy holder made a claim for contaminated food and communicable disease damages. The insurance policy had an “‘exclusion of pathogenic or poisonous biological or chemical materials.” The court ruled that this was so broad that it “swallowed up the ‘contaminated food/communicable disease’ coverage and rendered it illusory.” As a result, the exclusion was not applied to this claim for coverage. Justice Pucinski wrote the opinion. The case is CC-Development Group Inc. v. Evanston Insurance Co., 2025 IL App (1st) 230863-U. For a copy of the case, get in touch with Tom Patterson (tpatterson@pattersonlawfirm.com).

 

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