By Ben Zigterman (May 23, 2022, 9:38 p.m. EDT) — An Illinois state appeals court has upheld the dismissal of a steakhouse chain’s COVID-19 lawsuit, finding that a contamination exclusion in his policy with Zurich American Insurance Co. prevents coverage.
Because Firebirds International LLC alleged the coronavirus was present in its wood-fired grill restaurants, a three-judge panel on Friday said the exclusion clearly applied.
While the channel had argued that the exclusion was aimed at environmental pollutants, the panel felt that the inclusion of the “virus” in the exclusion was not misplaced.
“In Zurich’s policies, the ‘virus’ is not the outlier in a group of only pollutants and environmental…
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