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Last week an Illinois court refused to dismiss a COVID-19 business interruption lawsuit filed by construction development and management companies against a CNA Financial Corp. unit stating that the plaintiffs had alleged evidence of physical loss or damage, which is covered under the policy. The case is JDS Construction Group, LLC and 9 Dekalb Fee Owner LLC v. Continental Casualty Co. 

According to the ruling, JDS Construction group, and a construction developer, Dekalb Fee Onwer LLC, filed a business interruption lawsuit against Continental Casualty Co. Both companies were insured under a builders risk policy covering March 2019 to June 2022.

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