L&J Mattson's Co. v. Cincinnati Ins. Co.

L&J Mattson's Co. v. Cincinnati Ins. Co.

Opinion

 [*309]  MEMORANDUM OPINION AND ORDER

After defendant denied plaintiff's insurance claim for pandemic-related losses, plaintiff filed in the Circuit Court of Cook County a three-count complaint alleging, among other things, breach of contract. After removing the case to this court, defendant filed a motion to dismiss.¹ For the reasons set forth below, the Court grants the motion to dismiss.

I. BACKGROUND

The following facts are from plaintiff's complaint, which the Court takes as true. The quoted portions of plaintiff's insurance policy are from the policy attached to defendant's motion to dismiss.²

Plaintiff L&J Mattson's Co. [**2]  ("Mattson's") owns and operates Mattson's Steak House, a restaurant in Burbank, Illinois. Plaintiff paid premiums to defendant for insurance policy number ECP0409957 (the "Policy") for coverage of Mattson's Steak House. The Policy was in effect from October 31, 2019 to October 31, 2020. The  [*310]  Policy was an all-risk policy and included coverage provisions for commercial property, commercial general liability, commercial crime, commercial auto and commercial umbrella. (Policy at CIC 004/Docket 5-1 at 5).

The Policy states, among other things:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM (INCLUDING SPECIAL CAUSES OF LOSS)

* * *

SECTION A. COVERAGE

We will pay for direct "loss" to Covered Property at the "premises" caused by or resulting from any Covered Cause of Loss.

1. Covered Property

Covered Property, as used in this Coverage Part, means the following types of property for which a Limit of Insurance is shown in the Declarations:

a. Building

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