Society Insurance Seeks Dismissal of Restaurant Chain’s COVID-19 Coverage Action

MILWAUKEE, Wis. — Society Insurance Co. says it has no obligation to cover a Wisconsin restaurant chain’s COVID-19-related business interruption losses because the eateries were open for take-out and therefore never lost full use of their premises.

In a June 15 motion to dismiss filed in the U.S. District Court for the Eastern District of Wisconsin, Society contends that the Willy McCoy restaurants have not suffered a direct physical loss of or damage to covered property, as required by the policy.

“It is not Plaintiffs’ premises themselves that are unsafe, but the possible threat of transmission among large groups of …