Third Supreme Court Rejects Insurance Coverage For COVID Losses

Wisconsin’s highest court on Wednesday became the third state top court in a row to rule that businesses are not entitled to insurance coverage for losses resulting from the COVID-19 pandemic and government-imposed restrictions on gatherings.

The Wisconsin Supreme Court ruled that neither indoor dining restrictions nor the presence of the virus within restaurants like Colectivo Coffee Roasters triggered coverage under property insurance policies issued by Society Insurance.

The unanimous decision reversed a February 2021 ruling by a Milwaukee judge who allowed Colectivo to proceed with a proposed class action on behalf of businesses insured by Society seeking coverage for financial losses under several clauses of the policies, including for business-income interruption.