UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

CHIEF OF STAFF LLC, Individually and on 

Behalf of All Others Similarly Situated, 

Plaintiff, 

vs. 

HISCOX INSURANCE COMPANY INC., 

Defendant. 

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Case No. _________ 

CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL 

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Plaintiff Chief of Staff LLC (“Plaintiff” or “Chief of Staff”) by way of Complaint against 

Defendant Hiscox Insurance Company Inc. (“Defendant” or “Hiscox”), alleges as follows: 

INTRODUCTION 

1. On March 11, 2020, World Health Organization (“WHO”) Director General Tedros 

Adhanom Ghebreyesus declared the COVID-19 outbreak a worldwide pandemic: “WHO has been 

assessing this outbreak around the clock and we are deeply concerned both by the alarming levels 

of spread and severity, and by the alarming levels of inaction. We have therefore made the 

assessment that COVID-19 can be characterized as a pandemic.”1

2. On March 13, 2020, President Trump declared the COVID-19 pandemic to be a 

national emergency.2 On March 16, 2020, the Centers for Disease Control and Prevention 

(“CDC”), and members of the national Coronavirus Task Force issued to the American public 

guidance, styled as “30 Days to Slow the Spread” for stopping the spread of COVID-19. This 

guidance advised individuals to adopt far-reaching social distancing measures, such as working 

from home, avoiding shopping trips and gatherings of more than ten people, and staying away 

from bars, restaurants, and food courts.3

3. Following this advice for individuals to adopt far-reaching social distancing 

measures, and in response to the COVID-19 pandemic, many state government administrations 

 

1

 See World Health Organization, WHO Director-General’s opening remarks at the media briefing 

on COVID-19 - 11 March 2020 (Mar. 11, 2020), https://www.who.int/dg/speeches/detail/who-directorgeneral-s-opening-remarks-at-the-media-briefing-on-covid-19---11-march-2020. 

2

 See The White House, Proclamation on Declaring a National Emergency Concerning the Novel 

Coronavirus Disease (COVID-19) Outbreak (Mar. 13. 2020), https://www.whitehouse.gov/presidentialactions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-

outbreak/.

3 See The President’s Coronavirus Guidelines for America, 30 Days to Slow the Spread, WHITE 

HOUSE, https://www.whitehouse.gov/wp-content/uploads/2020/03/03.16.20_coronavirusguidance_8.5x11_315PM.pdf (last visited Apr. 27, 2020). 

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across the nation recognized the need to take steps to protect the health and safety of their residents 

from the human-to-human and surface-to-human spread of COVID-19. As a result, many 

governmental entities entered civil authority orders suspending or severely curtailing business 

operations of businesses that interact with the public and provide gathering places for the 

individuals. Currently, almost all states within the United States have issued some sort of “stayat-home” order and ordered private non-essential business operations to close. 

4. The result of these far-reaching restrictions and prohibitions has been catastrophic 

for many businesses, especially restaurants and other foodservice businesses, as well as retail 

establishments, entertainment venues, and other small, medium, and large businesses who have 

been forced to close, furlough employees, and endure a sudden shutdown of cash flow that 

threatens their survival. 

5. In addition to their contribution to the national economy in providing jobs, 

restaurants are also vital to the national spirit because shared meals are an important mental relief. 

As Oscar Wilde noted, “After a good dinner, one can forgive anybody, even one’s relations.” 

6. Moreover, food is part of the national psyche. As Anthony Bourdain noted, “Food 

is everything we are. It’s an extension of nationalist feeling, ethnic feeling, your personal history, 

your province, your region, your tribe, your grandma. It’s inseparable from those from the getgo.” 

7. Most businesses insure against such catastrophic events like the current unforeseen 

COVID-19 pandemic through all-risk commercial property insurance policies. These policies 

promise to indemnify the policyholder for actual business losses incurred when business 

operations are involuntarily suspended, interrupted, curtailed, when access to the premises is 

prohibited because of direct physical loss or damage to the property, or by a civil authority order 

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that restricts or prohibits access to the property. This coverage is commonly known as “business 

interruption coverage” and is standard in most all-risk commercial property insurance policies. 

8. Defendant, and most insurance companies who have issued all-risk commercial 

property insurance policies with business interruption coverage, is denying the obligation to pay 

for business income losses and other covered expenses incurred by policyholders for the physical 

loss and damage to the insured property from measures put in place by the civil authorities in 

response to the COVID-19 pandemic. This action seeks a declaratory judgment that affirms that 

the COVID-19 pandemic and the corresponding response by civil authorities triggers coverage, 

has caused physical property loss and damage to the insured property, provides coverage for future 

civil authority orders that result in future suspensions or curtailments of business operations, and 

finds that Defendant is liable for the losses suffered by policyholders. 

9. In addition, this action brings a claim against Defendant for breach of its contractual 

obligation under common all-risk commercial property insurance policies to indemnify Plaintiff 

and others similarly situated who have suffered losses due to measures put in place by civil 

authorities’ stay-at-home or shelter-in-place orders since March 15, 2020. 

10. Plaintiff brings this action on behalf of a proposed class of policyholders who paid 

premiums in exchange for all-risk commercial property insurance Policies that included lost 

business income and extra expense coverage. 

JURISDICTION AND VENUE 

11. This Court has jurisdiction over this action pursuant to 28 U.S.C. §1332(d) in that 

this is a class action in which the amount in controversy exceeds $5,000,000, exclusive of interest 

and costs, and at least one member of the putative class is a citizen of a different State than that of 

Defendant. 

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12. Venue is proper in this District pursuant to 28 U.S.C. §1391(b) in that a substantial 

part of the events and/or omissions giving rise to the claims occurred in this District, and Defendant 

conduct business in this District and thus resides in this District, in accordance with 28 U.S.C. 

§1391(c). 

PARTIES 

13. Plaintiff Chief of Staff is a Connecticut corporation with its principal place of 

business in Hartford, Connecticut. Chief of Staff operates a hospitality support agency. 

14. Defendant Hiscox is a Chicago, Illinois domiciled corporation licensed to do 

business in all 50 states and the District of Columbia. 

15. Hiscox issued to Chief of Staff Policy No. UDC-1575520-BOP-20 for the period 

between April 30, 2020 and April 30, 2021. This was a renewal of Policy No. UDC-1575520-

BOP-19 that Hiscox issued to Chief of Staff for the period between April 30, 2019 and April 30, 

2020. Both policies were the same in all material respects. 

FACTUAL BACKGROUND 

16. The Global COVID-19 PandemicViruses of the family Coronaviridae, such as 

Middle East respiratory syndrome (MERS) coronavirus (MERS-CoV) and severe acute respiratory 

syndrome (SARS) coronavirus (SARS-CoV), have been responsible for the loss of human life 

since at least 2002 and were identified in several animal hosts.

4

 

 

4

 See Roujian Lu, et al., Genomic characterisation and epidemiology of 2019 novel coronavirus: 

implications for virus origins and receptor binding, CTR. FOR DISEASE CONTROL, (Jan. 29, 2020),

https://www.cdc.gov/coronavirus/2019-ncov/downloads/genomic-characterization-of-2019-nCoV-Lancet1-29-2020.pdf (As a typical RNA virus, the average evolutionary rate for coronaviruses is roughly 10-4 

nucleotide substitutions per site per year, with mutations arising during every replication cycle. This finding 

suggests that COVID-19 originated from one source within a short period and was detected rapidly. 

However, as the virus transmits to more individuals, constant surveillance of arising mutations is needed. 

The fact that at least one patient had not visited the market suggests either possible droplet transmission or 

that the patient was infected by a currently unknown source. Evidence of clusters of infected family 

members and medical workers has now confirmed the presence of human-to-human transmission.).

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17. In December 2019, an initial cluster of patients with an unknown cause of viral 

pneumonia was found to be linked to the Huanan seafood market in Wuhan, China, where many 

non-aquatic animals such as birds were also on sale. However, at least one of the patients never 

visited the market, though he had stayed in a hotel nearby before the onset of the illness.5

 

18. By January 2020, genetic sequencing from patient samples was conducted to 

identify a novel virus, SARS-CoV-2, as the causative agent for the pneumonia cluster.6

 SARSCoV-2 is an RNA virus, with a crown-like appearance under an electron microscope because of 

glycoprotein spikes on its envelope. Among the functions of the structural proteins, the envelope 

has a crucial role in virus pathogenicity as it promotes viral assembly and release.7

19. The first confirmed case of the virus outside China was diagnosed on January 13, 

2020, in Bangkok, Thailand with the number of cases exceedingly increasing worldwide. On 

January 30, 2020, the WHO declared the SARS-CoV-2 outbreak constituted a public health 

emergency of international concern, and by February 11, 2020, the disease caused by SARS-CoV2 was named “COVID-19” by the WHO Director-General.8

 As of April 23, 2020, the WHO 

reported a confirmed 2.5 million cases of COVID-19 globally and over 170,000 deaths, with the 

 

5

 See id; Francesco Di Gennaro et al., Coronavirus Diseases (COVID-19) Current Status and Future 

Perspectives a Narrative Review, MDPI: INT’L J. ENVTL. RESEARCH & PUB. HEALTH, (Apr. 1, 2020), 

https://www.mdpi.com/1660-4601/17/8/2690 (There are four genera of coronaviruses: (I) α-coronavirus 

(alphaCoV) and (II) β-coronavirus (betaCoV), which are probably present in bats and rodents; and (III) δcoronavirus (deltaCoV) and (IV) γ-coronavirus (gammaCoV), which probably represent avian species.). 

6

 See Di Gennaro, supra note 5. 

7

 See id. (To address the pathogenetic mechanisms of SARS-CoV-2, its viral structure and genome 

must be considered. Coronaviruses are enveloped positive strand RNA viruses with the largest known RNA 

genomes – 30-32 kb – with a 5’-cap structure and 3’-poly-A tail.). 

8

 See id. 

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United States dealing with more than 800,000 confirmed cases and 40,000 deaths – more than any 

other country.9

 

20. The clinical features of COVID-19 vary from asymptomatic forms to fatal 

conditions of severe respiratory failure that requires ventilation and support in an intensive care 

unit (“ICU”). Pneumonia has been the most frequent severe manifestation of COVID-19, with 

symptoms of fever, cough, dyspnea, and bilateral infiltrates on chest imaging.10 There are no 

specific treatments recommended for COVID-19, and no vaccine is currently available; so 

understanding the complexities of COVID-19 is ongoing.11

21. It has now been discovered by scientists that COVID-19 has several modes of 

transmission. Pursuant to a “Situation Report” released by the WHO, the virus can be transmitted 

through symptomatic transmission, presymptomatic transmission, or asymptomatic 

transmission.12 Symptomatic transmission refers to transmission by an individual who is 

experiencing symptoms associated with the virus who then transfers COVID-19 to another 

 

9

 See Coronavirus disease 2019 (COVID-19) Situation Report – 94, WORLD HEALTH 

ORGANIZATION (Apr. 23, 2020) https://www.who.int/docs/default-source/coronaviruse/situationreports/20200423-sitrep-94-covid-19.pdf?sfvrsn=b8304bf0_4. 

10 See Di Gennaro, supra note 5 (Asymptomatic infections have also been described, but their 

frequency is unknown. Other, less common symptoms have included headaches, sore throat, and 

rhinorrhea. Along with respiratory symptoms, gastrointestinal symptoms (e.g., nausea and diarrhea) have 

also been reported, and in some patients, they may be the presenting complaint.). 

11 See id. (The treatment is symptomatic, and oxygen therapy represents the major treatment 

intervention for patients with severe infection. Mechanical ventilation may be necessary in cases of 

respiratory failure refractory to oxygen therapy, whereas hemodynamic support is essential for managing 

septic shock. Different strategies can be used depending on the severity of the patient and local 

epidemiology. Home management is appropriate for asymptomatic or paucisymtomatic patients. They 

need a daily assessment of body temperature, blood pressure, oxygen saturation and respiratory symptoms 

for about 14 days. Management of such patients should focus on prevention of transmission to others and 

monitoring for clinical status with prompt hospitalization if needed.). 

12 See World Health Organization, Coronavirus disease 2019 (COVID-19) Situation Report – 73 

(Apr. 3, 2020), https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200402-sitrep73-covid-19.pdf?sfvrsn=5ae25bc7_2. 

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individual. Data from published studies provide evidence that COVID-19 is primarily transmitted 

from symptomatic people to others who are in close contact through respiratory droplets, by direct 

contact with infected persons, or by contact with contaminated objects and surfaces.13

22. The incubation period for COVID-19, which is the time between exposure to the 

virus (becoming infected) and symptom onset, averages 5-6 days, however, it can be up to 14 

days.14 During this period, also known as the “presymptomatic” period, some infected persons 

can be contagious. For that reason, transmission from a presymptomatic case can occur before 

symptom onset. Presymptomatic transmission still requires the virus to be spread through 

infectious droplets or touching contaminated surfaces.15

23. An individual who does not develop symptoms, an asymptomatic case of 

COVID-19, can still transmit the virus to another. Though there are few documented cases 

reported, it does not exclude the possibility that it has or may occur.16

24. Not only is COVID-19 transmitted via human-to-human, but the WHO and 

scientific studies have confirmed that the virus can live on contaminated objects or surfaces. 

According to a study by scientists documented in The New England Journal of Medicine, 

COVID-19 was detectable in aerosols for up to three hours, up to four hours on copper, up to 

 

13 See id. (Data from clinical and virologic studies that have collected repeated biological samples 

from confirmed patients provide evidence that shedding of the COVID-19 virus is highest in the upper 

respiratory tract (nose and throat) early in the course of the disease. That is, within the first three days from 

onset of symptoms. Preliminary data suggests that people may be more contagious around the time of 

symptom onset as compared to later on in the disease.). 

14 See id.

15 See id. (In a small number of case reports and studies, pre-symptomatic transmission has been 

documented through contact tracing efforts and enhanced investigation of clusters of confirmed cases. This 

is supported by data suggesting that some people can test positive for COVID-19 from 1-3 days before they 

develop symptoms. Thus, it is possible that people infected with COVID-19 can transmit the virus before 

significant symptoms develop.). 

16 See id.

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24 hours on cardboard, and up to two to three days on plastic and stainless steel.17 All of these 

materials are used in the preparation and service of food by restaurants. The results of the study 

suggest that individuals could get COVID-19 through indirect contact with surfaces or objects 

used by an infected person, whether or not they were symptomatic. 

25. Another scientific study documented in the Journal of Hospital Infection found that 

human coronaviruses, such as SARS-CoV and MERS-CoV can remain infectious on inanimate 

surfaces at room temperature for up to nine days.18 At a temperature of 30 degrees Celsius or 

more, the duration of persistence is shorter. Contamination of frequently touched surfaces is, 

therefore, a potential source of viral transmission.19 Though this study was not conclusive on 

COVID-19 itself, scientists are still grappling to understand this implication. 

26. On March 27, 2020, the CDC released a report entitled “Public Health Responses 

to COVID-19 Outbreaks on Cruise Ships - Worldwide, February - March 2020.”20 The report 

 

17 See News Release, New coronavirus stable for hours on surfaces, NAT’L INSTS. OF HEALTH (Mar. 

17, 2020), https://www.nih.gov/news-events/news-releases/new-coronavirus-stable-hours-surfaces; see 

also World Health Organization, Modes of transmission of virus causing COVID-19: implications for IPC

(Mar. 29, 2020), https://www.who.int/news-room/commentaries/detail/modes-of-transmission-of-viruscausing-covid-19-implications-for-ipc-precaution-recommendations (Airborne transmission of COVID-19 

“may be possible in specific circumstances and settings in which procedures or support treatments that 

generate aerosols are performed; i.e., endotracheal intubation, bronchoscopy, open suctioning, 

administration of nebulized treatment, manual ventilation before intubation, turning the patient to the prone 

position, disconnecting the patient from the ventilator, non-invasive positive-pressure ventilation, 

tracheostomy, and cardiopulmonary resuscitation.”). 

18 See G. Kampf et al., Persistence of coronaviruses on inanimate surfaces and their inactivation with 

biocidal agents, J. HOSPITAL INFECTION (Jan. 31, 2020), https://www.journalofhospitalinfection.com/ 

action/showPdf?pii=S0195-6701%2820% 2930046-3. 

19 See id. (Although the viral load of coronaviruses on inanimate surfaces is not known during an 

outbreak situation, it seems plausible to reduce the viral load on surfaces by disinfection, especially of 

frequently touched surfaces in the immediate area surrounding a patient where the highest viral load can be 

expected. The WHO recommends ensuring that “environmental cleaning and disinfection procedures are 

followed consistently and correctly.”). 

20 See Leah F. Moriarty, MPH, Public Health Responses to COVID-19 Outbreaks on Cruise Ships - 

Worldwide, February - March 2020, CTRS. FOR DISEASE CONTROL & PREVENTION (Mar. 27, 2020),

https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e3.htm?s_cid= mm6912e3_w. 

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detailed that during this time frame, COVID-19 outbreaks associated with three different cruise 

ship voyages caused over 800 confirmed cases and ten deaths.21 Of the individuals tested, a high 

proportion were found to be asymptomatic, which may explain the high rates on cruise ships. What 

is interesting about this study though, is that COVID-19 was identified on a variety of surfaces in 

cabins of both symptomatic and asymptomatic infected passengers up to 17 days after cabins were 

vacated on the Diamond Princess cruise line, but before disinfection procedures had been 

conducted.22 The CDC notes that more studies are required to understand the perpetuation of 

transmission, but what is clear is the uncertainty around COVID-19 and its implications for the 

lawful and safe functioning of a variety of businesses, most significantly, food service businesses. 

27. Without a vaccine to protect against COVID-19, effective control of the outbreak 

relies on measures designed to reduce human-to-human and surface-to-human exposure. Recent 

information on the CDC’s website provides that COVID-19 spreads when people are within six 

 

21 See id. (“During February 7-23, 2020, the largest cluster of COVID-19 cases outside mainland 

China occurred on the Diamond Princess cruise ship, which was quarantined in the port of Yokohama, 

Japan, on February 3. . . . On March 6, cases of COVID-19 were identified in persons on the Grand Princess 

cruise ship off the coast of California; that ship was subsequently quarantined. By March 17, confirmed 

cases of COVID-19 had been associated with at least 25 additional cruise ship voyages. On February 21, 

CDC recommended avoiding travel on cruise ships in Southeast Asia; on March 8, this recommendation 

was broadened to include deferring all cruise ship travel worldwide for those with underlying health 

conditions and for persons [over] 65 years. On March 13, the Cruise Lines International Association 

announced a 30-day voluntary suspension of cruise operations in the United States. CDC issued a level 3 

travel warning on March 17, recommending that all cruise travel be deferred worldwide.”). 

22 See id. (“Cruise ships are often settings for outbreaks of infectious diseases because of their closed 

environment, contact between travelers from many countries, and crew transfers between ships. On the 

Diamond Princess, transmission largely occurred among passengers before quarantine was implemented, 

whereas crew infections peaked after quarantine. . . . On the Grand Princess, crew members were likely 

infected on voyage A and then transmitted [COVID-19] to passengers on voyage B. The results of testing 

of passengers and crew on board the Diamond Princess demonstrated a high proportion (46.5%) of 

asymptomatic infections at the time of testing. Available statistical models of the Diamond Princess 

outbreak suggest that 17.9% of infected persons never developed symptoms. . . . A high proportion of 

asymptomatic infections could partially explain the high attack rate among cruise ship passengers and 

crew. . . . Although these data cannot be used to determine whether transmission occurred from 

contaminated surfaces, further study of fomite transmission of [COVID-19] aboard cruise ships is 

warranted.”). 

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feet of each other or when a person comes in contact with a surface or object that has the virus on 

it.23 Various other sources state that close contact with a person with the virus or surfaces where 

the virus is found can transmit the virus.24

28. The secondary exposure of the surface-to-humans is particularly acute in places 

where the public gathers typically to socialize, eat, drink, shop, be entertained, and go for 

recreation. This is why the CDC recommends that in viral outbreaks individuals who are infected 

stay at home and those who are not sick engage in preventive measures such as constant hand 

washing and avoiding activities that would bring them into close proximity of people with the 

virus or surfaces where the virus may reside. However, because these recommendations have 

proven ineffective to minimize the spread of COVID-19, containment efforts have led to civil 

authorities issuing orders closing many business establishments, including restaurants, bars, hotels, 

theaters, personal care salons, gyms, and schools, and mandating social distancing among the 

population. This has caused the cancelation of sporting events, parades, and concerts, the closure 

of amusement parks, and substantial travel restrictions. In addition, to conserve medical supplies, 

orders have been issued prohibiting the performance of non-urgent or non-emergency elective 

procedures and surgeries, forcing the suspension of operations at many medical, surgical, 

therapeutic, and dental practices. 

 

23 See Centers for Disease Control and Prevention, How COVID-19 Spreads, 

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-COVID- spreads.html (last visited 

Apr. 27, 2020). 

24 See Kampf, supra note 18 (remains infectious from two hours to 28 days depending on conditions); 

see also Nina Bai, Why One Test May Not Be Enough, UCSF (Feb. 13, 2020), 

https://www.ucsf.edu/news/2020/02/416671/how-new-coronavirus-spreads-and-progresses-and-why-onetest-may-not-be-enough (door knobs and table tops can contain the virus); Heather Murphy, Surfaces? 

Sneezes? Sex? How the Coronavirus Can and Cannot Spread, N.Y. TIMES (Mar. 19, 2020), https://

www.nytimes.com/2020/03/02/health/coronavirus-how-it-spreads.html (virus can remain on metal and 

plastic for several days). 

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29. Such “stay-at-home” orders are in effect in all but five states: 35 states have closed 

all non-essential businesses with other states enacting measures to curtail business operations; all 

50 states have closed schools; and all but one state has closed restaurants and bars for services 

other than take-out and delivery (the “Closure Orders”).25

30. For example, on March 16, 2020, Illinois Governor J.B. Pritzker issued Executive 

Order 2020-07, stating that “the number of suspected COVID-19 cases in Illinois is increasing 

exponentially” and mandating that from March 16, 2020 through March 30, 2020, “all businesses 

in the State of Illinois that offer food or beverages for on-premises consumption – including 

restaurants, bars, grocery stores, and food halls – must suspend service for and may not permit onpremises consumption.”26 In enacting Executive Order 2020-07, Governor Pritzker noted that 

previous efforts to appeal to the public’s judgment to stay home were ineffective and stated, “[t]he 

time for persuasion and public appeals is over” and “[t]he time for action is here.”27 On April 1, 

2020, Governor Pritzker extended Executive Order 2020-07 and additional stay-at-home mandates 

through April 30, 2020. As noted, orders similar in form or substance are in effect in states 

throughout the country. 

Defendants’ Standard Uniform All-Risk Commercial Property Insurance Policies 

31. Defendant’s insurance policies issued to Plaintiffs and the Class members are “all 

risk” commercial property polices which cover loss or damage to the covered premises resulting 

from all risks other than those expressly excluded. 

 

25 See Kaiser Family Foundation, State Data and Policy Actions to Address Coronavirus (Apr. 27, 

2020), https://www.kff.org/health-costs/issue-brief/state-data-and-policy-actions-to-address-coronavirus/. 

26 Executive Order in Response to Covid-19 (Covid-19 Executive Order No. 5), STATE OF ILLINOIS

(Mar. 16, 2020), https://www2.illinois.gov/Documents/ExecOrders/2020/ExecutiveOrder-2020-07.pdf. 

27 See Erik Runge, All Illinois bars, dine-in restaurants will close to the public for 2 weeks due to 

COVID-19 concerns, WGN9 (Mar. 15, 2020), https://wgntv.com/news/coronavirus/all-bars-restaurants-tobe-closed-to-dine-in-customers-in-illinois-due-to-covid-19-concerns/. 

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32. Plaintiff’s Policy, as well as the Policies of other Class members, are standard forms 

that are used by Defendants for all insureds having applicable coverage and provide identical or 

substantially similar coverage for all Class members. 

Plaintiff’s Factual Allegations 

33. Plaintiff’s Policies, as is set forth in the Businessowners Coverage Form BP 00 03 

01 10, provide: 

Coverage 

We will pay for direct physical loss of or damage to Covered Property at the 

premises described in the Declarations caused by or resulting from any Covered 

Cause of Loss. 

34. A Covered Cause of Loss means any physical loss not excluded by the policy. 

35. Among the coverages provided by the Policy were business interruption insurance, 

which, generally, would indemnify Plaintiff for lost income and profits if its business was shut 

down. 

36. The Business Income section of form BP 00 03 01 10 in the Policies provided 

coverage for Plaintiff as follows: 

We will pay for the actual loss of Business Income you sustain due to the necessary 

suspension of your “operations” during the “period of restoration”. The suspension 

must be caused by direct physical loss of or damage to property at the described 

premises. The loss or damage must be caused by or result from a Covered Cause of 

Loss. With respect to loss of or damage to personal property in the open or personal 

property in a vehicle, the described premises include the area within 100 feet of the 

site at which the described premises are located.” 

37. Business Income is defined as: 

(i) Net Income (Net Profit or Loss before income taxes) that would 

have been earned or incurred if no physical loss or damage had 

occurred, but not including any Net Income that would likely have 

been earned as a result of an increase in the volume of business due 

to favorable business conditions caused by the impact of the 

Covered Cause of Loss on customers or on other businesses; and 

(ii) Continuing normal operating expenses incurred, including payroll. 

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38. In the same form, the Policies provide the following additional coverage for 

Plaintiff: 

Extra Expense 

(1) We will pay necessary Extra Expense you incur during the “period of 

restoration” that you would not have incurred if there had been no direct 

physical loss or damage to property at the described premises. The loss or 

damage must be caused by or result from a Covered Cause of Loss. With 

respect to loss of or damage to personal property in the open or personal 

property in a vehicle, the described premises include the area within 100 

feet of the site at which the described premises are located. 

With respect to the requirements set forth in the preceding paragraph, if you 

occupy only part of the site at which the described premises are located, your 

premises means: 

(a) The portion of the building which you rent, lease or occupy; and 

(b) Any area within the building or on the site at which the described premises 

are located, if that area services, or is used to gain access to, the described 

premises. 

(2) Extra Expense means expenses incurred: 

(a) To avoid or minimize the suspension of business and to continue 

“operations:” 

(i) At the described premises; or 

(ii) At replacement premises or at temporary locations, including 

relocation expenses, and costs to equip and operate the replacement 

or temporary locations. 

(b) To minimize the suspension of business if you cannot continue 

“operations”. 

39. In the same form, the Policies also provided the following additional coverage for 

Plaintiff: 

Civil Authority 

When a Covered Cause of Loss causes damage to property other than property at 

the described premises, we will pay for the actual loss of Business Income you 

sustain and necessary Extra Expense caused by action of civil authority that 

prohibits access to the described premises, provided that both of the following 

apply: 

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(1) Access to the area immediately surrounding the damaged property is 

prohibited by civil authority as a result of the damage, and the described 

premises are within that area but are not more than one mile from the 

damaged property; and 

(2) The action of civil authority is taken in response to dangerous physical 

conditions resulting from the damage or continuation of the Covered Cause 

of Loss that caused the damage, or the action is taken to enable a civil 

authority to have unimpeded access to the damaged property. 

Civil Authority coverage for Business Income will begin 72 hours after the time of 

the first action of civil authority that prohibits access to the described premises and 

will apply for a period of up to four consecutive weeks from the date on which such 

coverage began. 

Civil Authority Coverage for Extra Expense will begin immediately after the time 

of the first action of civil authority that prohibits access to the described premises 

and will end: 

(1) Four consecutive weeks after the date of that action; or 

(2) When your Civil Authority Coverage for Business Income ends; 

whichever is later 

40. Covered Causes of Loss are defined in the same form, BP 00 03 01 10. A Covered 

Causes of Loss means “Risks of direct physical loss unless the loss is” excluded or limited in the 

policy. The interruption of Plaintiff’s and other class members’ businesses was were not caused 

by any of the exclusions set forth in the Policies. 

41. Plaintiff’s Policies include an exclusion section that includes a subjection with the 

header, “Virus Or Bacteria,” which provides: 

1. We will not pay for loss or damage caused directly or indirectly by any of 

the following. Such loss or damage is excluded regardless of any other 

cause or event that contributes concurrently or in any sequence to the loss. 

These exclusions apply whether or not the loss event results in widespread 

damage or affects a substantial area. 

* * * 

(j) Virus Or Bacteria 

(1) Any virus, bacterium or other microorganism that induces or is 

capable of inducing physical distress, illness or disease. 

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42. Plaintiff and all similarly situated Class members have suffered a direct physical 

loss of and damage to their property because they have been unable to use their property for its 

intended purpose. 

43. The exclusion in the Virus Or Bacteria endorsement does not apply because 

Plaintiff’s, and other Class members’, losses were not caused by a “virus, bacterium or other 

microorganism that induces or is capable of inducing physical distress, illness or disease”. Rather, 

the efficient proximate cause of Plaintiff’s, and other Class members’ losses, were precautionary 

measures taken by governments of their respective counties and states to prevent the spread of 

COVID-19 in the future, not because coronavirus was found in or on Plaintiff’s insured property. 

44. Notwithstanding the foregoing, by way of email dated May 15, 2020, Hiscox denied 

Plaintiff’s claims for business interruption losses under the Policies claiming that the business 

income loss has not been caused as a result of direct physical loss or damage property at the 

premises, and that the policy contains an exclusion for any damages caused directly or indirectly 

by a virus. 

The COVID-19 Pandemic has Affected Policyholders Nationwide 

45. COVID-19 is physically impacting private commercial property throughout the 

United States and the State of Illinois, threatening the survival of thousands of restaurants, retail 

establishments, and other businesses that have had their business operations suspended or curtailed 

indefinitely by order of civil authorities. 

46. Hiscox does not intend to cover losses caused by the COVID-19 pandemic as part 

of business interruption coverage. As aforementioned, Hiscox denied Plaintiff’s claim, even 

though Plaintiff was forced to close due to the Closure Orders. On information and belief, Hiscox 

has denied similar claims by other Class members across-the-board, a practice which is belied by 

not only the express terms of the insurance policies, but also: (a) the Small Business 

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Administration’s requirement that “reimbursement” from “business interruption insurance” be 

submitted along with an application for an Economic Injury Disaster Loan (“EIDL”) loan;28 and 

(b) America’s SBDC, whose COVID-19 newsletter expressly states, “Business interruption 

insurance also applies if government actions cause operations to cease temporarily, which results 

in a loss for a firm.”29 

47. As a result, many small businesses that maintain commercial multi-peril insurance 

policies with business interruption coverage will have significant uninsured losses absent 

declaratory relief from this Court. Indeed, even if state and local governments re-open, small 

businesses will almost certainly still be under social-distancing mandates and will continue to 

experience diminishing revenues due to the loss of covered property. 

48. A declaratory judgment determining that the business income loss and extra 

expense coverage provided in standard Hiscox commercial property insurance policies applies to 

the suspension, curtailment, and interruption of business operations resulting from measures put 

into place by civil authorities is necessary to prevent plaintiff and similarly situated Class members 

from being denied critical coverage for which they have paid premiums. 

CLASS ACTION ALLEGATIONS 

49. Plaintiff brings this lawsuit pursuant to Federal Rule of Civil Procedure 23(a), 

(b)(2), and (b)(3) on behalf of itself and all other persons similarly situated. 

The Nationwide Class is defined as: 

All entities who have entered into standard all-risk commercial property insurance 

policies with Defendant, where such policies provide for business income loss and 

 

28 Applying for SBA Disaster Loans (EIDL) at 12, U.S. SMALL BUS. ADMIN. (Mar. 26, 2020), 

https://www.sba.gov/sites/default/files/articles/EIDL_Information_and_Documentation_-_3-30-

2020_FINAL_2_pm.pdf (last visited Apr. 30, 2020). 

29 COVID-19: The Latest News and Resources for Your Business, at 15, AMERICA’S SBDC (Mar. 20, 

2020), https://www.dropbox.com/s/jcw2iw9vk2hcq9y/COVID%2019%20-%20Rev6.pdf?dl=0 (last 

visited Apr. 30, 2020). 

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extra expense coverage and do not exclude coverage for pandemics, and who have 

suffered losses due to measures put in place by civil authorities’ stay-at-home or 

shelter-in-place orders since March 15, 2020. 

The Connecticut Sub-Class is defined as: 

All entities who have entered into standard all-risk commercial property insurance 

policies with Defendant insuring property in Connecticut, where such policies 

provide for business income loss and extra expense coverage and do not exclude 

coverage for pandemics, and who have suffered losses due to measures put in place 

by civil authorities’ stay-at-home or shelter-in-place orders since March 15, 2020. 

50. Excluded from each class is the Defendant, its employees, officers, directors, legal 

representatives, heirs, successors, and wholly or partly owned subsidiaries or affiliated companies; 

Class Counsel and their employees; and the judicial officers and their immediate family members 

and associated court staff assigned to this case. 

51. Plaintiff reserves the right to modify, expand, or amend the definitions of the 

proposed classes following the discovery period and before the Court determines whether class 

certification is appropriate. 

52. Certification of Plaintiff’s claims for class-wide treatment is appropriate because 

Plaintiff can prove the elements of its claims on a class-wide basis using the same evidence as 

would prove those elements in individual actions alleging the same claims.

Numerosity 

53. This action satisfies the requirements of Fed. R. Civ. P. 23(a)(1). The Class 

numbers at least in the hundreds and consists of geographically dispersed business entities who 

are insured for business interruption losses. Defendant sells its insurance policies throughout the 

State of Illinois, and therefore joinder of the Class members is impracticable. 

54. The identity of Class members is ascertainable, as the names and addresses of all 

Class members can be identified in Defendant’s or its agent’s books and records. Plaintiff 

anticipates providing appropriate notice to the certified Class in compliance with Fed. R. Civ. P. 

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23(c)(2)(A) and/or (B), to be approved by the Court after class certification, or pursuant to court 

order under Fed. R. Civ. P. 23(d). 

Typicality 

55. This action satisfies the requirements of Fed. R. Civ. P. 23(a)(3) because Plaintiff’s 

claims are typical of the claims of each of the Class members, as all Class members were and are 

similarly affected and their claims arise from the same all-risk commercial property insurance 

policy provisions entered into with Defendant. Each Class member’s insurance policy contains 

the same form providing coverage for business income loss. None of the forms exclude coverage 

due to a governmental action intended to reduce the effect of the ongoing global pandemic. As a 

result, a declaratory judgment as to the rights and obligations under Plaintiff’s Policy will address 

the rights and obligations of all Class members. 

Adequacy of Representation 

56. Plaintiff is committed to prosecuting the action, will fairly and adequately protect 

the interests of the members of the Class, and has retained counsel competent and experienced in 

class action litigation, including litigation relating to insurance policies. Plaintiff is aware of no 

interests antagonistic to or in conflict with other members of the Class. Plaintiff anticipates no 

difficulty in the management of this litigation as a class action. 

Commonality 

57. This action satisfies the requirements of Fed. R. Civ. P. 23(a)(2) because there are 

questions of law and fact that are common to each of the classes. These common questions 

predominate over any questions affecting only individual Class members. The questions of law 

and fact common to the Class include, but are not limited to: 

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(a) Whether there is an actual controversy between Plaintiff and Defendant as 

to the rights, duties, responsibilities and obligations of the parties under the business interruption 

coverage provisions in standard all-risk commercial property insurance policies; 

(b) Whether measures in response to the COVID-19 pandemic are excluded 

from Plaintiff’s and the Class members’ standard all-risk commercial property insurance policies; 

(c) Whether the measures put in place by civil authorities’ stay-at-home or 

shelter-in-place orders since March 15, 2020 caused physical loss or damage to covered 

commercial property; 

(d) Whether Defendant has repudiated and anticipatorily breached the all-risk 

commercial property insurance policies it issued with business interruption coverage by intending 

to deny claims for coverage; and 

(e) Whether Plaintiff and the Class members suffered damages as a result of 

the anticipatory breach by Defendant. 

Superiority/Predominance 

58. This action satisfies the requirements of Fed. R. Civ. P. 23(b)(3). A class action is 

superior to other available methods for the fair and efficient adjudication of the rights of the Class 

members. The joinder of individual Class members is impracticable because of the vast number 

of Class members who have entered into the standard all-risk commercial property insurance 

policies with Defendant. 

59. Because a declaratory judgment as to the rights and obligations under the uniform 

all-risk commercial property insurance policies will apply to all Class members, most or all Class 

members would have no rational economic interest in individually controlling the prosecution of 

specific actions. The burden imposed on the judicial system by individual litigation, and to 

Defendant, by even a small fraction of the Class members, would be substantial. 

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60. In comparison to piecemeal litigation, class action litigation presents far fewer 

management difficulties, far better conserves the resources of both the judiciary and the parties, 

and far more effectively protects the rights of each Class member. The benefits to the legitimate 

interests of the parties, the Court, and the public resulting from class action litigation substantially 

outweigh the expenses, burdens, inconsistencies, economic infeasibility, and inefficiencies of 

individualized litigation. Class adjudication is superior to other alternatives under Fed. R. Civ. P. 

23(b)(3)(D). Class treatment will also avoid the substantial risk of inconsistent factual and legal 

determinations on the many issues in this lawsuit. 

61. Plaintiff knows of no obstacles likely to be encountered in the management of this 

action that would preclude its maintenance as a class action. Rule 23 provides the Court with the 

authority and flexibility to maximize the efficiencies and benefits of the class mechanism and 

reduce management challenges. The Court may, on motion of Plaintiff or on its own 

determination, certify nationwide and statewide classes for claims sharing common legal 

questions; use the provisions of Rule 23(c)(4) to certify particular claims, issues, or common 

questions of law or of fact for class-wide adjudication; certify and adjudicate bellwether class 

claims; and use Rule 23(c)(5) to divide any Class into subclasses. 

Rule 23(b)(2) Certification 

62. This action satisfies the requirements of Fed. R. Civ. P. 23(b)(2). The prosecution 

of separate actions by individual Class members would create a risk of inconsistent or varying 

adjudication with respect to individual Class members that would establish incompatible standards 

of conduct for the Defendant. 

63. In addition, the prosecution of separate actions by individual Class members would 

create a risk of adjudications with respect to them that would, as a practical matter, be dispositive 

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of the interests of other Class members not parties to the adjudications, or substantially impair or 

impede their ability to protect their interests. 

64. Defendant has also acted or refused to act on grounds generally applicable to the 

Class as a whole, thereby making appropriate final declaratory and/or injunctive relief with respect 

to the members of the Class as a whole. 

CAUSES OF ACTION 

COUNT I

DECLARATORY JUDGMENT – BUSINESS INCOME COVERAGE 

65. Plaintiff repeats the allegations set forth in paragraphs 1-64 as if fully set forth 

herein. 

66. Plaintiff brings this Count individually and on behalf of the other members of the 

Class. 

67. Plaintiff’s Policy, as well as those of the other Class members, are contracts under 

which Defendant was paid premiums in exchange for their promise to pay Plaintiff’s and the other 

Class members’ losses for claims covered by the Policies. 

68. On information and belief, Plaintiff and other Class members have complied with 

all applicable provisions of the Policies and/or those provisions have been waived by Defendant 

or Defendant is estopped from asserting them, and yet Defendant has abrogated their insurance 

coverage obligations pursuant to the Policies’ clear and unambiguous terms and has wrongfully 

and illegally refused to provide coverage to which Plaintiff and Class members are entitled. 

69. On information and belief, Defendant has denied claims related to COVID-19 on a 

uniform and class-wide basis, without individual bases or investigations, so the Court can render 

declaratory judgment no matter whether members of the Class have filed a claim. 

70. An actual case or controversy exists regarding Plaintiff’s and the other Class 

members’ rights and Defendant’s obligations under the Policies to reimburse Plaintiff and Class 

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members for the full amount of Income losses incurred by Plaintiff and the other Class members 

in connection with the suspension of their businesses stemming from Closure Orders. 

71. Pursuant to 28 U.S.C. §2201, Plaintiff and the other Class members seek a 

declaratory judgment from this Court declaring the following: 

(a) Plaintiff’s and the other Class members’ Income losses incurred in 

connection with the Closure Orders and the necessary interruption of their businesses stemming 

from such Orders are insured losses under their Policies; and 

(b) Defendant is obligated to pay Plaintiff and other Class members for the full 

amount of the Income losses incurred and to be incurred in connection with the Closure Orders 

during the period of restoration and the necessary interruption of their businesses stemming from 

such Orders. 

COUNT II 

BREACH OF CONTRACT – BUSINESS INCOME COVERAGE 

72. Plaintiff repeats the allegations set forth in paragraphs 1-64 as if fully set forth 

herein. 

73. In the business interruption coverage, Hiscox agreed to pay for its insureds’ actual 

loss of Business Income sustained due to the necessary suspension of its operations during the 

“period of restoration.” 

74. Hiscox also agreed to pay for its insureds’ actual loss of Business Income sustained 

due to the necessary “interruption of [their] operations” during the “Period of Restoration” caused 

by direct physical loss or damage. 

75. “Business Income” under the Policy means the “Net Income (Net Profit or Net Loss 

before income taxes), that would have been earned or incurred”, as well as “[c]ontinuing normal 

operating expenses incurred, including payroll.” 

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76. The Closure Orders caused direct physical loss and damage to Plaintiff’s and the 

other Class members’ Covered Properties, requiring suspension of operations at the Covered 

Properties. Losses caused by the Closure Orders thus triggered the Business Income provision of 

Plaintiff’s and the other Class members’ Hiscox policies. 

77. Plaintiff and the other Class members have complied with all applicable provisions 

of their policies and/or those provisions have been waived by Hiscox or Hiscox is estopped from 

asserting them, and yet Hiscox has abrogated its insurance coverage obligations pursuant to the 

Policies’ clear and unambiguous terms. 

78. By denying coverage for any Business Income losses incurred by Plaintiff and other 

Class members as a result of the Closure Orders and Orders intended to mitigate the COVID-19 

pandemic, Hiscox has breached its coverage obligations under the Policies. 

79. As a result of Hiscox’s breaches of the Policies, Plaintiff and the other Class 

members have sustained substantial damages for which Hiscox is liable, in an amount to be 

established at trial. 

COUNT III 

DECLARATORY JUDGMENT – CIVIL AUTHORITY COVERAGE 

80. Plaintiff repeats the allegations set forth in paragraphs 1-64 as if fully set forth 

herein. 

81. Plaintiff brings this Count individually and on behalf of the other members of the 

Class. 

82. Plaintiff’s Hiscox Policy, as well as those of the other Class members, are contracts 

under which Hiscox was paid premiums in exchange for its promise to pay Plaintiff’s and other 

Class members’ losses for claims covered by the Policy. 

83. Plaintiff and Class members have complied with all applicable provisions of the 

Policies and/or those provisions have been waived by Hiscox or Hiscox is estopped from asserting 

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them, and yet Hiscox has abrogated its insurance coverage obligations pursuant to the Policies’ 

clear and unambiguous terms and has wrongfully and illegally refused to provide coverage to 

which Plaintiff and Class members are entitled. 

84. Hiscox has denied claims related to COVID-19 on a uniform and class wide basis, 

without individual bases or investigations, so the Court can render declaratory judgment no matter 

whether members of the Class have filed a claim. 

85. An actual case or controversy exists regarding Plaintiff’s and other Class members’ 

rights and Hiscox’s obligations under the Policies to reimburse Plaintiff and other Class members 

for the full amount of covered Civil Authority losses incurred by Plaintiff and other Class members 

in connection with Closure Orders and the necessary interruption of their businesses stemming 

from the Orders intended to mitigate the COVID-19 pandemic. 

86. Pursuant to 28 U.S.C. §2201, Plaintiff and other Class members seek a declaratory 

judgment from this Court declaring the following: 

(a) Plaintiff’s and other Class members’ Civil Authority losses incurred in 

connection with the Closure Orders and the necessary interruption of their businesses stemming 

from the COVID-19 pandemic are insured losses under their Policies; and 

(b) Hiscox is obligated to pay Plaintiff and other Class members the full amount 

of the Civil Authority losses incurred and to be incurred in connection with the covered losses 

related to the Closure Orders and the necessary interruption of their businesses stemming from the 

Orders intended to mitigate the COVID-19 pandemic. 

COUNT IV 

BREACH OF CONTRACT – CIVIL AUTHORITY COVERAGE 

87. Plaintiff repeats the allegations set forth in paragraphs 1-64 as if fully set forth 

herein. 

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88. Plaintiff brings this Count individually and on behalf of the other members of the 

Class. 

89. Plaintiff’s Policy, as well as those of the other Class members, are contracts under 

which Hiscox was paid premiums in exchange for its promise to pay Plaintiff’s and the other Class 

members’ losses for claims covered by the policy. 

90. Plaintiff’s Policy provided for “Civil Authority” coverage, which promises to pay 

“the actual loss of Business Income you sustain and necessary Extra Expense caused by action of 

civil authority that prohibits access to the described premises. . . .” 

91. The Closure Orders triggered the Civil Authority provision under Plaintiff’s and 

the other members of the Class’ Hiscox Policies. 

92. Plaintiff and the other members of the Class have complied with all applicable 

provisions of the Policies and/or those provisions have been waived by Hiscox or Hiscox is 

estopped from asserting them, and yet Hiscox has abrogated its insurance coverage obligations 

pursuant to the Policies’ clear and unambiguous terms. 

93. By denying coverage for any business losses incurred by Plaintiff and other 

members of the Class in connection with the Closure Orders and Orders intended to mitigate the 

COVID-19 pandemic, Hiscox has breached its coverage obligations under the Policies. 

94. As a result of Hiscox’s breaches of the Policies, Plaintiff and the other members of 

the Class have sustained substantial damages for which Hiscox is liable, in an amount to be 

established at trial. 

COUNT V 

DECLARATORY JUDGMENT – EXTRA EXPENSE COVERAGE 

95. Plaintiff repeats the allegations set forth in paragraphs 1-64 as if fully set forth 

herein. 

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96. Plaintiff brings this Count individually and on behalf of the other members of the 

Class. 

97. Plaintiff’s Hiscox Policy, as well as those of other Class members, are contracts 

under which Hiscox was paid premiums in exchange for its promise to pay Plaintiff’s and other 

Class members’ losses for claims covered by the Policy. 

98. Plaintiff and other Class members have complied with all applicable provisions of 

the Policies and/or those provisions have been waived by Hiscox or Hiscox is estopped from 

asserting them, and yet Hiscox has abrogated its insurance coverage obligations pursuant to the 

Policies’ clear and unambiguous terms and has wrongfully and illegally refused to provide 

coverage to which Plaintiff and Class members are entitled. 

99. Hiscox has denied claims related to COVID-19 on a uniform and class wide basis, 

without individual bases or investigations, so the Court can render declaratory judgment no matter 

whether members of the Class have filed a claim. 

100. An actual case or controversy exists regarding Plaintiff’s and other Class members’ 

rights and Hiscox’s obligations under the Policies to reimburse Plaintiff and the other Class 

members for the full amount of Extra Expense losses incurred by Plaintiff and Class members in 

connection with Closure Orders and the necessary interruption of their businesses stemming from 

Orders intended to mitigate the COVID- 19 pandemic. 

101. Pursuant to 28 U.S.C. §2201, Plaintiff and other Class members seek a declaratory 

judgment from this Court declaring the following: 

(a) Plaintiff’s and other Class members’ Extra Expense losses incurred in 

connection with the Closure Orders and the necessary interruption of their businesses stemming 

from Orders intended to mitigate the COVID-19 pandemic are insured losses under their Policies; 

and 

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(b) Hiscox is obligated to pay Plaintiff and other Class members for the full 

amount of the Extra Expense losses incurred and to be incurred in connection with the covered 

losses related to the Closure Orders during the period of restoration and the necessary interruption 

of their businesses stemming from Orders intended to mitigate the COVID-19 pandemic. 

COUNT VI 

BREACH OF CONTRACT – EXTRA EXPENSE COVERAGE 

102. Plaintiff repeats the allegations set forth in paragraphs 1-64 as if fully set forth 

herein. 

103. Plaintiff brings this Count individually and on behalf of the other members of the 

Class. 

104. Plaintiff’s Hiscox Policy, as well as those of the other Class members, are contracts 

under which Hiscox was paid premiums in exchange for its promise to pay Plaintiff’s and the other 

Class members’ losses for claims covered by the Policy. 

105. Plaintiff’s Policy provided that Hiscox agreed to pay necessary Extra Expense that 

its insureds incur during the “period of restoration” that the insureds would not have incurred if 

there had been no direct physical loss or damage to the described premises. “Extra Expense” means 

expenses “to avoid or minimize the suspension of business and to continue ‘operations,’” and to 

repair or replace property. 

106. Due to the Closure Orders, Plaintiff and other members of the Class incurred Extra 

Expense at Covered Property 

107. Plaintiff and other members of the Class have complied with all applicable 

provisions of the Policies and/or those provisions have been waived by Hiscox or Hiscox is 

estopped from asserting them, and yet Hiscox has abrogated its insurance coverage obligations 

pursuant to the Policies’ clear and unambiguous terms. 

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108. By denying coverage for any business losses incurred by Plaintiff and other 

members of the Class in connection with the Closure Orders and Orders intended to mitigate the 

COVID-19 pandemic, Hiscox has breached its coverage obligations under the Policies. 

109. As a result of Hiscox’s breaches of the Policies, Plaintiff and the other members of 

the Class have sustained substantial damages for which Hiscox is liable, in an amount to be 

established at trial. 

WHEREFORE, Plaintiff, on behalf of itself and all similarly situated persons, demands 

judgment against Defendant as follows: 

A. Declaring this action to be a proper class action maintainable pursuant to 

Fed. R. Civ. P. 23(a) and Rule 23(b)(3) and declaring Plaintiff and its counsel to be representatives 

of the Class; 

B. Issuing a Declaratory Judgment declaring the Parties’ rights and obligations 

under the insurance policies; 

C. Awarding Plaintiff and the Class compensatory damages from Defendant’s 

breach of the insurance policies in an amount to be determined at trial, together with appropriate 

prejudgment interest at the maximum rate allowable by law; 

D. Awarding Plaintiff and the Class costs and disbursements and reasonable 

allowances for the fees of Plaintiff’s and the Class’s counsel and experts, and reimbursement of 

expenses; and 

E. Awarding such other and further relief the Court deems just, proper, and 

equitable, including any amounts pursuant to 215 ILCS 5/155. 

DEMAND FOR A JURY TRIAL 

Plaintiff and the Class request a jury trial for all Counts for which a trial by jury is permitted 

by law. 

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DATED: May 29, 2020 ROBBINS GELLER RUDMAN 

 & DOWD LLP 

s/ Stuart A. Davidson 

 STUART A. DAVIDSON 

Paul J. Geller 

Stuart A. Davidson 

Bradley M. Beall 

120 East Palmetto Park Road, Suite 500 

Boca Raton, FL 33432 

Telephone: 561/750-3000 

561/750-3364 (fax) 

pgeller@rgrdlaw.com 

sdavidson@rgrdlaw.com 

bbeall@rgrdlaw.com 

 ROBBINS GELLER RUDMAN 

 & DOWD LLP 

James E. Barz (IL Bar #6255605) 

Frank A. Richter (IL Bar #6310011) 

William J. Edelman (IL Bar #6332368) 

Gina M. Buschatzke (IL Bar #6332510) 

200 South Wacker Drive, 31st Floor 

Chicago, IL 60606 

Telephone: 312/674-4674 

312/674-4676 (fax) 

jbarz@rgrdlaw.com 

frichter@rgrdlaw.com 

wedelman@rgrdlaw.com 

gbuschatzke@rgrdlaw.com 

Local Counsel 

 Samuel H. Rudman 

ROBBINS GELLER RUDMAN 

 & DOWD LLP 

58 South Service Road, Suite 200 

Melville, NY 11747 

Telephone: 631/367-7100 

srudman@rgrdlaw.com 

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 Christopher A. Seeger 

Stephen A. Weiss 

SEEGER WEISS 

55 Challenger Road, 6th Floor 

Ridgefield Park, NJ 07660 

Telephone: 973/639-9100 

cseeger@seegerweiss.com 

sweiss@seegerweiss.com 

 James E. Cecchi 

Lindsey H. Taylor 

CARELLA, BYRNE, CECCHI 

 OLSTEIN, BRODY & AGNELLO 

5 Becker Farm Road 

Roseland, NJ 07068 

Telephone: 973/994-1700 

jcecchi@carellabyrne.com 

ltaylor@carellabyrne.com 

Counsel for Plaintiffs 

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