COVID-19 losses excluded even under ‘contamination’ definition

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted June 21, 2022 12:52 PM

The 1st District Appellate Court recently held that a contamination exclusion in an all-risk commercial property insurance policy excluded coverage for business loss caused by the Covid-19 pandemic, despite the existence of a policy endorsement that, at least for one state, removed the term “virus” from the definition of “contamination.” The case is Firebirds International, LLC v. Zurich American Insurance Co., 2022 IL App (1st) 210558 (May 20). The insured, Firebirds, was represented by, among others, DiCello Levitt …

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