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IN THE UNITED STATES DISTRICT COURT

NORTHER DISTRICT OF ILLINOIS, EASTERN DIVISION

DUNLAYS MANAGEMENT SERVICES, 

LLC d/b/a 4 STAR RESTAURANT 

GROUP, a limited liability company; 

DUNLAYS ROSCOE LLC, a limited 

liability company; O’DADDY, LLC, a 

limited liability company; DUNTELL 

LLC, a limited liability company; 

SOUTHPORT LLC d/b/a CROSBY’s

KITCHEN and d/b/a ELLA ELI; 4 STAR 

3455 LLC, a limited liability company; 

DOC WEST LLC, a limited liability 

company; 4 STAR 20 NORTH LLC d/b/a 

REMINGTON’S CHICAGO, a limited 

liability company; 4 STAR 160 LLC d/b/a 

THE WINDSOR, a limited liability 

company; 4 STAR 3358 SOUTHPORT 

LLC d/b/a TUCO & BLONDIE, a limited 

liability company; O’DADDY WRIGLEY, 

LLC a limited liability company; SMOKE 

DADDY FOODS, LLC, a limited liability 

company;

Plaintiffs,

vs.

SOCIETY INSURANCE, a mutual 

company,

Defendant.

COMPLAINT AND 

DEMAND FOR JURY TRIAL

CASE NO. 

COMPLAINT AT LAW

Now Comes Plaintiffs, DUNLAYS MANAGEMENT SERVICES, LLC d/b/a 4 STAR 

RESTAURANT GROUP, a limited liability company; DUNLAYS ROSCOE LLC, a limited 

liability company; O’DADDY LLC, a limited liability company; DUNTELL LLC, a limited 

liability company; SOUTHPORT GRILL LLC d/b/a CROSBY’S KITCHEN and d/b/a ELLA ELI; 

4 STAR 3455 SOUTHPORT LLC, a limited liability company, DOC WEST LLC, a limited 

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liability company; 4 STAR 20 NORTH LLC d/b/a REMINGTON’S CHICAGO, a limited liability 

company; 4 STAR 160 LLC d/b/a THE WINDSOR CHICAGO, a limited liability company; 4 

STAR 3358 SOUTHPORT LLC d/b/a TUCO & BLONDIE, a limited liability company; 

O’DADDY WRIGLEY LLC, a limited liability company; SMOKE DADDY FOODS LLC, a 

limited liability company (hereinafter “Plaintiffs”), by and through their attorneys, for their causes 

of action against Defendant SOCIETY INSURANCE (hereinafter “Defendant” or “Society”), a 

mutual company; and state and allege as follows:

PARTIES

1. Plaintiff DUNLAYS MANAGEMENT SERVICES, LLC d/b/a 4 STAR 

RESTAURANT GROUP is an Illinois Limited Liability Company with its principal place of 

business at 1804 West Division Street, Chicago, Illinois 60622. Dunlay’s Management Services 

LLC d/b/a 4 Star Restaurant Group’s member are Douglas Dunlay and Michael Dunlay – both of 

whom are Illinois citizens.

2. Plaintiff DUNLAYS ROSCOE LLC is an Illinois Limited Liability Company with 

its principal place of business at 3358 North Paulina Street, Chicago, Illinois 60622. Dunlay’s 

Roscoe LLC’s members are Douglas Dunlay and Michael Dunlay – both of whom are Illinois 

citizens. Dunlay’s Roscoe LLC own, operate, manage, and/or control the business known as Frasca 

Pizzeria & Wine Bar at the premises it owns, rents or occupies at 3358 North Paulina Street, 

Chicago, Illinois 60622. 

3. Plaintiff O’DADDY LLC is an Illinois Limited Liability Company with its 

principal place of business at 1804 West Division Street, Chicago, Illinois 60622. O’Daddy LLC’s 

members are Douglas Dunlay, Michael Dunlay and Derek Retell – all of whom are Illinois citizens. 

O’Daddy LLC owns, operates, manages, and/or controls the business known as Smoke Daddy at

the premises it owns, rents or occupies located at 1804-1806 West Division Street, Chicago, 

Illinois 60622.

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4. Plaintiff DUNTELL LLC is an Illinois Limited Liability Company with its 

principal place of business at 1804 West Division Street, Chicago, Illinois 60622. Duntell LLC’s 

members are Douglas Dunlay, Michael Dunlay and Derek Retell – all of whom are Illinois citizens. 

Duntell LLC owns, operates, manages, and/or controls the business at the premises it owns, rents 

or occupies at 1824-1830 West Division Street, Chicago, Illinois 60622.

5. Plaintiff SOUTHPORT GRILL LLC d//b/a CROSBY’S KITCHEN and d/b/a 

ELLA ELI is an Illinois Limited Liability Company with its principal place of business at 1804 

West Division Street, Chicago, Illinois 60622. Southport Grill LLC’s members are Douglas 

Dunlay, Michael Dunlay, Derek Retell and Josh Rutherford – all of whom are Illinois citizens. 

Southport Grill LLC operates the business Crosby’s Kitchen and Ella Elli at the premises it owns, 

rents or occupies at 3455-3457 North Southport Avenue, Chicago, Illinois 60657. Plaintiff 4 STAR 

3455 SOUTHPORT LLC, an Illinois Limited Liability Company, whose members are Douglas 

Dunlay and Michael Dunlay – both of whom are Illinois citizens – is the landlord for these 

restaurants.

6. Plaintiff DOC WEST LLC is an Illinois Limited Liability Company with its 

principal place of business at 326 Yorktown Shopping Center, Lombard, Illinois 60148. DOC 

West LLC’s member is Dunlay’s Management Services LLC, which as detailed in Paragraph 1 

above, only has members that are Illinois citizens. DOC West LLC owns, operates, manages, 

and/or controls the business D.O.C. Wine Bar at the premises it owns, rents or occupies at 326 

Yorktown Shopping Center, Lombard, Illinois 60148.

7. Plaintiff 4 STAR 20 NORTH LLC d/b/a REMINGTON’S CHICAGO, is an Illinois 

Limited Liability Company with its principal place of business at 1804 West Division Street, 

Chicago, Illinois 60622. 4 Star North LLC d/b/a Remington Chicago’s members are Douglas 

Dunlay and Michael Dunlay – both of whom are Illinois citizens. 4 Star 20 North LLC d/b/a 

Remington’s Chicago owns, operates, manages, and/or controls the business Remington’s at the 

premises it owns, rents or occupies at 20 North Michigan Avenue, Chicago, Illinois 60602.

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8. Plaintiff 4 STAR 160 LLC d/b/a THE WINDSOR CHICAGO is an Illinois Limited 

liability company with its principal place of business at 1804 West Division Street, Chicago, 

Illinois 60622. 4 Star 160 LLC d/b/a The Windsor Chicago’s members are Douglas Dunlay and 

Michael Dunlay – both of whom are Illinois citizens. 4 Star LLC d/b/a The Windsor Chicago owns, 

operates, manages, and/or controls the business The Windsor at the premises it owns, rents or 

occupies at 160 East Huron Street, Chicago, Illinois 60611.

9. Plaintiff 4 STAR 3358 SOUTHPORT LLC d/b/a TUCO & BLONDIE is an Illinois 

Limited Liability Company with its principal place of business at 1804 West Division Street, 

Chicago, Illinois 60622. 4 Star 3358 Southport LLC d/b/a Tuco & Blondie’s members are Douglas 

Dunlay and Michael Dunlay – both of whom are Illinois citizens. 4 Star 3358 Southport LLC d/b/a 

Tuco & Blondie owns, operates, manages, and/or controls the business Tuco & Blondie at the 

premises it owns, rents or occupies at 3356-3358 North Southport Avenue, Chicago, Illinois 

60657.

10. Plaintiff O’DADDY WRIGLEY LLC is an Illinois Limited Liability Company 

with its principal place of business at 1804 West Division Street, Chicago, Illinois 60622. O’Daddy 

Wrigley LLC’s members are Douglas Dunlay, Michael Dunlay, Derek Retell and Josh Rutherford 

– all of whom are Illinois citizens. O’Daddy Wrigley LLC owns, operates, manages, and/or 

controls the business Smoke Daddy Wrigley at the premises it owns, rents or occupies at 3636 

North Clark Street, Chicago, Illinois 60613.

11. Plaintiff SMOKE DADDY LLC is an Illinois Limited Liability Company with its 

principal place of business at 1804 West Division Street, Chicago, Illinois 60622. Smoke Daddy 

LLC’s members are Douglas Dunlay, Michael Dunlay and Derek Retell – all of whom are Illinois 

citizens. Smoke Daddy LLC is responsible for the retail portion for the Smoke Daddy restaurants.

12. Defendant SOCIETY INSURANCE, is a mutual insurance company organized 

under the laws of the State of Wisconsin with its principal place of business in Fon du Lac, 

Wisconsin. At all times relevant Defendant was licensed to do business in the State of Illinois, 

selling property and casualty insurance policies to bars, restaurants, and other hospitality 

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businesses. Defendant is transacting the business of insurance in the state of Illinois and the basis 

of this suit arises out of such conduct.

13. Defendant subscribed to Policy Number BP19043389-0 (“The Policy”) and issued 

The Policy for Plaintiffs’ properties and businesses for the period of January 1, 2020 through 

January 1, 2021. A true and correct copy of The Policy is attached hereto as Exhibit 1. 

JURISDICTION AND VENUE

14. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a)(1), as 

there exists complete diversity of citizenship between the parties, and the matter in controversy 

exceeds the sum of $75,000, exclusive of interest and costs.

15. This Court has personal jurisdiction over Society Insurance pursuant to Illinois’ 

long-arm statute, 735 ILCS 5/2-209, because this Complaint concerns: (1) one or more contracts 

Society made to insure property and/or risk in Illinois, (2) business that Society transacted within 

Illinois, and (3) one or more contracts and/or promises Society made that are substantially 

connected with Illinois. 735 ILCS 5/2-209(a)(1), (4), (7). In addition, Society Insurance exercises 

systematic and continuous contacts with Illinois by doing business in Illinois, serving insureds in 

Illinois, and seeking additional business in Illinois.

16. Venue is proper in the United States District Court for the Northern District of 

Illinois, Eastern Division pursuant to 28 U.S.C. § 1391 because “a substantial part of the events or 

omissions giving rise to the claim[s] occurred” in this District and a substantial part of the property 

that is subject to this action is situated in this District.

FACTUAL BACKGROUND

17. On or around January 1, 2020, Defendant entered into The Policy, a contract of 

insurance with Plaintiffs in the event of a covered loss or damage. 

18. Under The Policy, Plaintiffs agreed to make payments to Defendant in exchange 

for Defendant’s promise to indemnify the Plaintiffs for losses including, but not limited to, 

business income losses at the insured properties including the premises located at 3358 North

Paulina Street, Chicago, Illinois 60657; 1804-1806 West Division Street, Chicago, Illinois 60622;

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1824-1830 West Division Street, Chicago, Illinois 60622; 3455-3457 North Southport Avenue, 

Chicago, Illinois 60657; 326 Yorktown Shopping Center, Lombard, Illinois 60148; 20 North 

Michigan Avenue, Chicago, Illinois 60602; 160 East Huron Street, Chicago, Illinois 60611; 3356-

3358 North Southport Avenue, Chicago Illinois, 60657; and 3636 North Clark Street, Chicago, 

Illinois 60613, (collectively “Insured Properties”). 

19. The Insured Properties include the well-known taverns and/or restaurants Frasca 

Pizzeria & Wine Bar, Smoke Daddy, Crosby’s Kitchen, Ella Elli, D.O.C. Wine Bar, Remington’s

Chicago, The Windsor, Tuco and Blondie, and Smoke Daddy Wrigley which are located in the 

Cities of Chicago and Lombard, Counties of Cook and DuPage. The restaurants are owned, leased 

by, managed, and/or controlled by the Plaintiffs. The address for these businesses are listed as a 

covered premise under the Policy as included in Exhibit 1 and also shown below in Image 1.

Image 1

20. The Policy is currently in full effect, providing property, business personal 

property, business income and extra expense, and additional coverages between the period of 

January 1, 2020 and January 1, 2021. 

21. The Businessowners Special Property Coverage Form of The Policy provides, in 

part, the following as shown in Exhibit 1 and Image 2 below:

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Image 2

22. The Businessowners Special Property Coverage Form of The Policy also provides, 

in part, the following as to Extra Expense as shown in Exhibit 1 and Image 3 below:

Image 3

23. The Policy applies to the actual loss of business income sustained and necessary 

extra expenses incurred when the operations of the businesses are suspended due to the direct 

physical loss of or damage to the Insured Premises that is not excluded. 

24. The Policy also includes Civil Authority additional coverage as shown in Exhibit 1

and in part in Image 4 on the following page: 

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 Image 4

25. Plaintiffs faithfully paid policy premiums to Defendant to specifically provide all 

risk coverage, including the actual loss of business income due to the necessary interruption of 

business operations due to direct physical loss of or direct physical damage to property as well as 

a civil authority prohibition. 

26. Pursuant to the terms of the Policy, Defendant agreed to pay for direct physical loss 

of or physical damage to the Insured Properties caused by or resulting from any covered cause of 

loss.

27. On March 11, 2020, the World Health Organization officially recognized the 

COVID-19 pandemic. It is the public policy intent and intent of each county to close businesses 

including Plaintiffs for the public good, welfare, and benefit.

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28. In order to the protect the public, on March 16, 2020, JB Pritkzer, the Governor for 

the State of Illinois issued Executive Order 2020-07, attached hereto as Exhibit 2. This Order 

specifically suspended service for and may not permit on-premises consumption for all businesses 

offering food or beverages.

29. In order to further protect the public, on March 20, 2020, JB Pritzker, the Governor 

for the State of Illinois issued Executive Order 2020-10 attached hereto as Exhibit 3. This Order 

specifically ordered that all non-essential businesses and operations must cease all activities. Dinein restaurants were not defined as essential businesses.

30. In an effort to further protect the public, on April 1, 2020, Governor Pritzker issued 

Executive Order 2020-18 attached hereto as Exhibit 4, extending the March 20, 2020 Stay at 

Home order through April 30, 2020. 

31. It is the public policy intent and intent of each county and state to close businesses 

including Plaintiffs’ for the public good, welfare, and benefit. The Executive Orders were 

reasonably necessary to protect the public good, welfare, and benefit. 

32. Plaintiffs have sustained an actual loss of business income due to the necessary 

suspension of Plaintiffs’ businesses. The suspension of Plaintiffs’ businesses was caused by the 

aforementioned Executive Orders that prohibited access to the Insured Properties. The necessary 

suspension of Plaintiffs’ business operations caused by the Executive Orders constitute a Covered 

Cause of Loss as defined in The Policy. 

33. Plaintiffs duly submitted a claim, Number P4065843, to Society Insurance under 

The Policy for its loss. 

34. On March 25, 2015, Society Insurance denied Plaintiffs’ claim as not being covered 

by The Policy. The denial of the claim is attached hereto as Exhibit 5.

35. Although requested to do so, to date, Society Insurance has and continues to fail

and refuse to pay Plaintiffs for the full amount due and owing under the Policy for all of their

losses and damages.

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COUNT I

BREACH OF CONTRACT

36. Plaintiffs reassert and re-allege paragraphs 1-35 as paragraph 36 of Count I as 

though fully set forth herein. 

37. Pursuant to The Policy, Society Insurance has a contractual obligation to fully 

investigate and adjust the loss, and pay the full amount of Plaintiffs’ covered losses, including the 

actual loss sustained for the necessary interruption of Plaintiffs’ businesses, including, but not 

limited to, loss of business income and extra expense, less the applicable deductible. 

38. The Policy is an insurance contract under which Society Insurance was paid 

premiums in exchange for its promise to pay Plaintiffs’ losses for claims covered by The Policy, 

such as business losses incurred as a result of the Executive Orders forcing Plaintiffs to suspend 

their businesses.

39. Plaintiffs have performed all conditions precedent to their right to recovery under 

The Policy. 

40. Society Insurance has refused and continues to refuse to pay for all of the benefits 

under the Policy including, but not limited to, loss of business income and extra expenses, forcing 

Plaintiffs to litigate. 

41. Society Insurance’s refusal to pay the full amount of Plaintiffs’ loss is in breach of 

The Policy. 

42. Society Insurance further breached its contract with Plaintiffs by: 

a. failing to fully investigate the loss; 

b. conducting a biased and outcome-oriented investigation of the loss; 

c. not promptly paying Plaintiffs all benefits owed as a result of the covered 

loss; 

d. failing to pay for all consequential damage; and 

e. not putting Plaintiffs in the position they would have been in had 

Society Insurance timely performed all of their contractual duties. 

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43. As a direct and proximate result of Society Insurance’s breach of contract, 

Plaintiffs: 

a. suffered and will continue to suffer loss of business income and extra 

expenses; 

b. incurred and will incur in the future loss of business income and extra 

expenses; 

c. suffered and will continue to suffer consequential damages; 

d. is entitled to an award of prejudgment interest, taxable costs, and 

investigatory fees; and 

e. incurred other expenses as a result of Society Insurance’s breach of contract.

PRAYER FOR RELIEF

Plaintiffs, DUNLAYS MANAGEMENT SERVICES, LLC d/b/a 4 STAR RESTAURANT 

GROUP, a limited liability company; DUNLAYS ROSCOE LLC, a limited liability company; 

O’DADDY LLC, a limited liability company; DUNTELL LLC, a limited liability company; 

SOUTHPORT GRILL LLC d/b/a CROSBY’S KITCHEN and d/b/a ELLA ELI; 4 STAR 3455

SOUTHPORT LLC, a limited liability company, DOC WEST LLC, a limited liability company; 

4 STAR 20 NORTH LLC d/b/a REMINGTON’S CHICAGO, a limited liability company; 4 STAR 

160 LLC d/b/a THE WINDSOR CHICAGO, a limited liability company; 4 STAR 3358 

SOUTHPORT LLC d/b/a TUCO & BLONDIE, a limited liability company; O’DADDY 

WRIGLEY LLC, a limited liability company; SMOKE DADDY FOODS LLC, a limited liability 

company, by and through their attorneys, prays that this Court enter judgment in its favor and 

against Defendant, SOCIETY INSURANCE and enter an order:

a. Awarding actual damages;

b. Awarding attorney’s fees and costs incurred and to be incurred by Plaintiffs 

for prosecuting this action against Defendant;

c. Awarding prejudgment and post-judgment interest to Plaintiffs; and

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d. Providing any other such relief as this Court deems just and proper.

DEMAND FOR A JURY TRIAL

Plaintiffs hereby demands a jury trial.

DATED: April 24, 2020 Respectfully submitted,

By: /s/ Steven A. Hart

Attorneys for Plaintiffs

HART MCLAUGHLIN & ELDRIDGE, LLC

Steven A. Hart (#6211008)

Robert J. McLaughlin (#6272701)

John (Jack) B. Prior (#6306767)

22 W. Washington Street, Suite 1600

Chicago, Illinois 60602

Tel: (312) 955-0545

shart@hmelegal.com

rmclaughlin@hmelegal.com

jprior@hmelegal.com

KABATECK LLP

Michael Childress 

Brian S. Kabateck (Pro Hac Vice to be Submitted)

Christopher Noyes (Pro Hac Vice to be Submitted)

Marina R. Pacheco (Pro Hac Vice to be Submitted)

633 West Fifth Street, Suite 3200

Los Angeles, California 90071

Tel: (213) 217-5048

mc@kbklawyers.com 

bsk@kbklawyers.com

cn@kbklawyers.com

mp@kbklawyers.com

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