Illinois Judge Denies Insurer’s Motion to Dismiss on Three COVID-19 Bellwether Cases

We are watching several COVID-19 business interruption lawsuits. How these suits play out could change the insurance litigation landscape. One of the major suits we’re monitoring is in the U.S. District Court in Illinois. Multiple hospitality industry businesses across several districts filed suit against their common insurer, Society Insurance. Three bellwether cases were selected by the court: Big Onion Tavern Group, LLC, et al. v. Society Insurance, No. 1:20-cv-02005; Valley Lodge Corp. v. Society Insurance, No. 1:20-cv-02813; and Rising Dough, Inc., et al. v. Society Insurance, No. 1:20-cv-05981. U.S. District Judge Edmond Chang denied Society’s motion to dismiss because “a reasonable jury could find for either side based on the arguments and factual record presented so far in the litigation.” Read a summary of the case here or the full case here.