Plaintiff appealed trial court dismissal of its breach of contract complaint against defendant, alleging that the trial court erred in finding the contamination exclusion of the insurance policy applied to loss or damage caused by the Covid-19 pandemic and that the trial court erred when it denied plaintiff’s request to amend its complaint. The appellate court affirmed, finding that the terms of the insurance policies at issue were not ambiguous and did not provide for loss or damages caused by a communicable disease. The court also found that plaintiff had forfeited review of the trial court’s denial of its request for leave to amend by failing to tender a proposed amended complaint along with supporting facts. (MIKVA and ODEN JOHNSON, concurring)
Illinois Appellate Court
Civil Court
Insurance Coverage