The fight for COVID-19 coverage presses on with a victory yesterday secured by an all-women Cohen Ziffer Frenchman & McKenna team for our New York City-based client, JDS Construction Group, LLC. An Illinois Circuit Court Judge denied Continental Casualty Company’s motion to reconsider his prior ruling rejecting the carrier’s bid for dismissal of JDS’s business interruption lawsuit, holding that “[t]here is far from universal agreement on how the virus attaches to surfaces and the effectiveness of efforts to remove the virus” and reaffirming that, based on the unique allegations of “physical loss or damage” pleaded by JDS, the case may proceed.
Congratulations to Robin Cohen, Jillian Raines, Meredith Elkins and R. Tali Epstein!
Read the full article: https://www.businessinsurance.com/article/20211025/NEWS06/912345443/Judge-refuses-to-dismiss-BI-virus-suit-against-CNA