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COVID-19 Business Interruption

Overview

COVID-19 and Business Interruption

The loss of business caused by the COVID-19 pandemic and resulting stay-at-home orders is catastrophic and unprecedented. Business owners are losing thousands if not millions of dollars each week that they are unable to remain open for business.

From mom-and-pop shops to billion-dollar manufacturing facilities, businesses are suffering massive losses and are incurring expenses as a result of the pandemic.

Business owners are relying on business interruption clauses in their business insurance policies for compensation of their losses. Typically, business interruption coverage provides compensation for lost profits and reimbursement for expenses due to interruption caused by factors out of the control of the business owner.

Corboy & Demetrio represents businesses in lawsuits against their insurance carriers that are unwilling to pay business interruption claims.

Contingency Fee – Businesses Don’t Pay Unless We Win

While our traditional trial work is centered on plaintiffs' personal injury, Corboy & Demetrio represents businesses as plaintiffs in commercial litigation, including breach of contract, breach of fiduciary duty, business interruption, securities litigation, and stockholder disputes.

In all of our commercial litigation cases, including COVID-19 business interruption claim cases, we work on a contingency basis.

That means our clients, including businesses, do not pay a fee unless we succeed.

Representative Cases - Business Interruption

On June 2, 2020, Corboy & Demetrio filed a lawsuit on behalf of Lodge Management Corporation (LMC), which operates numerous iconic Chicago taverns and restaurants, against its insurer, Society Insurance, for the denial of LMC’s claim for business income losses caused by the COVID-19 pandemic.

The lawsuit, filed by Corboy & Demetrio Co-founder Thomas A. Demetrio and Partner Daniel S. Kirschner, seeks a declaratory judgment that the losses suffered by LMC were covered under its businessowners insurance policy issued by Society. Among LMC’s notable businesses are The Lodge, The Redhead Piano Bar, the Hangge-Uppe, Pippin’s Tavern, Streeter’s Tavern, Original Mother’s, House of Beers, Coconutz, the River Shannon, and Downtown Dogs. Learn More about the lawsuit.

On June 15, 2020, Corboy & Demetrio filed a lawsuit for declaratory judgment on behalf of Windy City Limousine Company, LLC, one of Chicago’s largest limousine operators, against its insurer, The Cincinnati Companies. The lawsuit, filed in response to Cincinnati’s denial of Windy City Limo’s claim for business interruption due to the COVID-19 pandemic, seeks a court order declaring that Windy City Limo’s claim for business income losses falls within the scope of coverage afforded under its businessowners insurance policy issued by Cincinnati. Learn more about the lawsuit.

Representative Cases -Commercial Litigation

The following is a representative sample of the types of commercial cases Corboy & Demetrio attorneys have handled. 

  • We obtained a $20 million judgment on behalf of a commercial financial institution in a lawsuit against corporate and individual defendants accused of violating RICO, committing fraud, and breach of contract.
  • We obtained an $8 million judgment on behalf of an inventor against a multi-national healthcare product manufacturer.
  • We obtained a $2.1 million settlement for a small business owner in a breach of contract dispute.
  • We obtained a $1.1 million settlement for a company against a privately held corporation for breach of contract.
  • We represented a municipality in a breach of contract lawsuit against an architect for failure to design housing projects in      conformance with their agreement.
  • We represented a number of sales managers in a breach of sales commission agreement dispute against their employer for nonpayment of commission over a period of several years.
  • Where an agreement gave a 5% ownership interest in a real estate venture company to the project developer and the company failed to honor that ownership interest, Corboy & Demetrio represented the developer in his demand for his share of the company.
  • We represented a business owner and his company in an action against a partnership, its related companies and individuals associated with the partnership for failure to pay the contractor for extensive electrical restoration and maintenance work performed at a Chicago building. 
  • We also represented a real estate agent who was not paid her commission on the sale of a $5 million property.

Our commercial litigation practice includes but is not limited to the following areas:

Business Litigation Contract Disputes
Securities Litigation Antitrust Litigation
RICO Litigation COVID-19 Business Interruption

Successes

Media Center

Attorney-Authored Articles

  • Illinois Bar Journal, 07.2008
  • Trial Magazine, 04.2006
  • Principles of Illinois Discovery: An Overview, Illinois Civil Discovery Practice
    Illinois Institute for Continuing Legal Education (IICLE) - 1983, Supp. 1984, 1992, 1994, 1996, 1998, 2002, 2002
  • Demetrio on Trial Practice - Attorney-Client Privilege - Oh, Really?
    CBA Record, 10.2000
  • More Cases We Remember - A Lesson In Credibility
    Trial Magazine, 04.2000
  • Demetrio on Trial Practice - Offers of Proof, Why, When & How
    CBA Record, June/July, 2000
  • Demetrio on Trial Practice - Striving for Excellence
    CBA Record, 12.1999
  • Demetrio on Trial Practice - Opening Statement: Some Initial Thoughts and Bullet Points
    CBA Record, 11.1999
  • Demetrio on Trial Practice - Motions In Limine: Why, When and How to Use Them
    CBA Record, 10.1999
  • The National Law Journal, 06.1998
  • Positive Thinking
    Chicago Bar Association (CBA) Record, 05.1996
  • The Challenge of Merit Selection
    CBA Record, 04.1996
  • President’s Page
    CBA Record, February/March, 1996
  • Applause for the Court
    CBA Record, 11.1995
  • The Human Element
    CBA Record, 09.1995
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