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United States District Court for the Northern District of Illinois, Eastern Division
March 31, 2021, Decided; March 31, 2021, Filed
20 C 4226
[*609] Memorandum Opinion and Order
Firenze Ventures LLC, a food court vendor in Chicago, alleges in this putative class action that Twin City Fire Insurance Company, its insurer, wrongfully denied coverage for losses that it suffered due to government-ordered shutdowns arising from the COVID-19 pandemic. Doc. 1-1. The complaint alleges breach of Twin City's insurance policy, id. at pp. 17-18, ¶¶ 55-61; improper insurance claims practice under § 155 of the Illinois Insurance Code, 215 ILCS 5/155, [**2] id. at pp. 19-20 ¶¶ 62-67; and unfair and deceptive practices under the Illinois Consumer Fraud Act, 815 ILCS 505/2, id. at pp. 20-21 ¶¶ 68-71. Twin City moves to dismiss the complaint under Civil Rule 12(b)(6), arguing that the policy does not cover Firenze's claimed losses. Doc. 16. The motion is granted.
] In resolving a Rule 12(b)(6) motion, the court assumes the truth of the operative complaint's well-pleaded factual allegations, though not its legal conclusions. See Zahn v. N. Am. Power & Gas, LLC, 815 F.3d 1082, 1087 (7th Cir. 2016). The court must also consider "documents attached to the complaint, documents that are critical to the complaint and referred to in it, and information that is subject to proper judicial notice," along with additional facts set forth in Firenze's brief opposing dismissal, so long as those additional facts "are consistent with the pleadings." Phillips v. Prudential Ins. Co. of Am., 714 F.3d 1017, 1020 (7th Cir. 2013) (internal quotation marks omitted). The facts are set forth as favorably to Firenze as those materials allow. See Pierce v. Zoetis, Inc., 818 F.3d 274, 277 (7th Cir. 2016). In setting forth the facts at the pleading stage, the court does not vouch for their accuracy. See Goldberg v. United States, 881 F.3d 529, 531 (7th Cir. 2018).
A. Firenze's Losses
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
532 F. Supp. 3d 607 *; 2021 U.S. Dist. LEXIS 62615 **; 2021 WL 1208991
FIRENZE VENTURES LLC, d/b/a FIRENZE—ITALIAN STREET FOOD, on behalf of itself and all others similarly situated, Plaintiff, vs. TWIN CITY FIRE INSURANCE COMPANY, d/b/a THE HARTFORD, Defendant.
Subsequent History: Dismissed by, Judgment entered by Firenze Ventures LLC v. Twin City Fire Ins. Co., 2021 U.S. Dist. LEXIS 236757 (N.D. Ill., Dec. 10, 2021)
coverage, virus, civil authority, cause of loss, provide coverage, premises, food, suspension, dry rot, wet, insurance policy, physical loss, bacteria, fungi, physical damage, extra expense, Rot, terms, closure order, claimed loss, contaminated, scheduled, aircraft, delivery, illusory, deli, restaurants, lightning, insured, losses
Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Pleadings, Complaints, Requirements for Complaint, Insurance Law, Policy Interpretation, Ambiguous Terms, Coverage Favored, Claim, Contract & Practice Issues, Entire Contract, Reasonable Expectations, Reasonable Person, Business & Corporate Compliance, Contracts Law, Standards of Performance, Illusory Promises, Claims Made Policies, Coverage, Pleading & Practice, Amendment of Pleadings