ABW Development, LLC v. Continental Casualty Co.

Plaintiff, an owner and operator of medical imaging clinics in Illinois and Indiana, filed a declaratory judgment seeking a finding that its losses due to the Covid-19 pandemic were covered by its property insurance. The trial court dismissed plaintiff’s complaint, concluding that the unambiguous terms of the policy did not cover plaintiff’s losses and plaintiff appealed. The appellate court affirmed, finding that losses due to the pandemic were not covered losses because they were not “physical” losses or damages as was required by the language of the policy. (GORDON and BURKE, concurring)