May.18.2021 Courts Dismiss COVID-19 Business Interruption Claims On May 7, 2021, the district court for the Northern District of Illinois granted Westfield National Insurance Company’s motion to dismiss a Chicago bakery and a salon’s complaint alleging coronavirus-related business interruption losses. Determining the virus exclusion unambiguously bars coverage for loss indirectly caused by the coronavirus, the court found meritless the plaintiffs’ argument that the government closure orders, rather than the virus, caused their losses. Order at 7-8. Including the virus exclusion within the policy “undercuts” any argument “that Westfield unjustifiably denied” their claims. Id. at 10. On May 10, 2021, the Circuit Court of Cook County, Illinois granted with prejudice Motorists Commercial Mutual Insurance Company’s motion to dismiss a COVID-19 business interruption claim filed by the operator of automobile dealerships and repair shops. The court found that business interruption coverage was not available because there was neither direct physical loss of nor damage to the plaintiffs’ property due to the presence of COVID-19 on the surfaces of the premises, as “Covid-19 impacts human health and behavior but not physical structures.” Order at 7-8. The court further concluded that coverage was barred by the policy’s virus exclusion, which “could not be more clear,” as it states that the insurer will not pay for loss or damage caused by or resulting from any virus.