Start of our final week in Chicago. It’s been nearly a decade and feels bitter sweet to go out in this environment. I will miss many things, including this site. We are ordering take out from some of our favorite restaurants, but not sure if there are any other must do’s we should hit before leaving.
- Give Me A Break - Thursday, May 14, 20 @ 9:20 am:
Here in Springpatch the weekly Monsoon is upon us.
I always get annoyed with J.B. tries to show empathy with people going through difficult times. The dude is living in a double-mansion and isn’t worried about his retirement vanishing before his eyes. He doesn’t have to try and work at home while juggling 3 kids who all need to learn, and I’m not trained on being their teacher. Add to that summer camp is getting cancelled, and employers are starting to cut their employees. It’s overwhelming and hearing him say, “I feel your pain” isn’t helpful.
I genuinely enjoy waking up to rain and some rolling, distant thunder. It relaxes me.
- Give us Barabbas - Thursday, May 14, 20 @ 9:25 am:
The lodge at White Pines is declaring bankruptcy. The State Park remains, and we hope someone else takes over running the lodge and cabins when the emergency is over. Getting a cabin at White Pines was like getting Bozo tickets: reservations booked over a year in advance at times. Super-popular place, with structures hand-built by CCC workers in the Great Depression.
- Da Big Bad Wolf - Thursday, May 14, 20 @ 9:25 am:
This happened last year. A pregnant women was killed for testifying in a murder case. https://www.chicagotribune.com/news/breaking/ct-treja-kelley-bounty-murder-20200402-magi2duyfbddzo5awfz7xm35cm-story.html
So where is the witness protection program? Why wasn’t this woman removed from harm? And editorial by Dahleen Glanton has the answer, there is none. She asked Kim Fox: “If Foxx had the money for it, she says she would add a full-fledged witness protection program that relocates witnesses whose lives are placed in severe jeopardy due to their cooperation. As it stands now, only limited resources are available, and help is doled out on a case-by-case basis.”
If we want crime to end we need to find a witness protection program. Too many people are scared to come forward. Crime is still a problem. Don’t you want it to end?
- Fighter of Foo - Thursday, May 14, 20 @ 9:26 am:
Baseball comment is nothing. They won’t agree to revenue sharing.. I hope they do replacement players. Just overweight old slobs like me. People are starving for sports, hey the one year the sox looked good.. and yoink! People could gamble on the guy that throws a 61 mph fastball…and the guy that can’t hit it… Who wants in on my idea? looking for ground floor investors..
- Bruce (no not him) - Thursday, May 14, 20 @ 9:29 am:
Let’s all go to Wisconsin. They’ve got cheese.
- Grandson of Man - Thursday, May 14, 20 @ 9:30 am:
There was a thunderstorm by me as well, but it looks a little better now. A warm front is forecasted to be passing through. Often in spring those don’t make it all the way north, as there are great temperature disparities between places like Kankakee and the North Shore.
- Back to the Future - Thursday, May 14, 20 @ 9:30 am:
Saw Zay Smith passed away. He was involved in running the “Mirage Tavern” with Pam Zekman and other reporters. Great investigative reporting. It seemed that every inspector that showed up at the place got into trouble. The extend of corruption on both the City and State level was “mind blowing”.
First time homebuyers market in the suburbs is screaming hot. Not so much for the homes north of 400,000. Flight out of Chicago is real. People can work from anywhere. Office space leases actually up too. Social distancing means more office space decentralized from single location. Compounding problems for Chicago piling up.
Can games without fans work for Wrigley? Are folks gonna want to congregate outside the stadium? Not a problem for every ballpark but not sure about here.
We had a steady rain last night and a downpour this morning. Looking for a 20 lb. bag of King Arthur bread flour. I read all the home bakers are using up the flour supply. I’m perfecting my sourdough starter.
- Da Big Bad Wolf - Thursday, May 14, 20 @ 10:14 am:
=== First time homebuyers market in the suburbs is screaming hot. Not so much for the homes north of 400,000. Flight out of Chicago is real.===
There has to be both buyers and a sellers for a market to be “screaming hot”. Otherwise it’s just “screaming.”
Back to the Future - thank you for sharing the information about Zay Smith. The Mirage is a good read and a great snapshot into the workings of Chicago at that time. RIP
It’s probably the case that some people will leave if they can work from home. But how long will these extraordinary circumstances last? My company is hiring engineers, but are planning a once a week in the office day (staggered) because they firmly expect to get back to normal some day and they feel they benefit from having everyone able to collaborate in person. It’s a cross field team of engineers (electrical, software, material, chemical, etc). Plus we benefit from the fact that people are part of the engineer’s associations in the city and that they have friends who are engineers in the city.
In short, yes the pandemic is a power disdvantage right now of density but there are other advantages of the density that will right back in play once the pandemic is managed (either widely available, functional, low side-effect treatment or of course vaccine).
Like him or not, you have to really admire how JB has handled himself. Bob Knight, Nick Saban, etc. would have thrown chairs and/or screamed obscenities long ago at reporters dumb questions.
last weekend, Mrs Blue and I, ran down to Tennessee for some relaxing fishing. We did something we hadn’t done since early March. We ate breakfast in a restraunt.
Although I am not opposed to opening up, I am still cautious where I go.
Looking in the window I saw every other table removed. Good start. Upon entering, we immediately were greeted with the aroma of cleaning agents. Better start. The hostess guided us to our table far from any seated guests. Continue good. Our waitress came to our table and stayed a good four feet away. She presented two options. We could use our phone to view the menu or if we were brave, she would hand us a throwaway paper menu. We opted for the menu. She handed them to us with gloves on.
Our table was completely bare. When our food arrived, so too did our utensils wrapped in plastic. Along with our salt,pepper, ketchup and napkins. Bottled water was available.
I felt as safe as anyplace I have been during the lockdown. Safer than Walmart or rural king.
==Looking for a 20 lb. bag of King Arthur bread flour.==
KAF bread flour going for about $4 per lb in the gouge-a-rama showrooms of eBay and Etsy — $7 per lb or more if organic.
- Nearly Normal - Thursday, May 14, 20 @ 12:02 pm:
Sorry example of the Federal response to Covid-19–
Illinois requested the longer swabs individually wrapped with tubes for use in Covid-19 testing. The feds sent swabs the length of a Q-tip in bulk boxed like the kind you buy at the store. The feds tell them but you can use them. Sure. Shorter swabs do not reach the back of the nose and then there is all the extra steps for keep the open box sterile etc. Looks like they are not going to be used for the purpose requested.
==How about the Tribune posting an Article stating that George Ryan was the AG in 2001?==
==Followed by Blago claiming that George Ryan served as Governor, AG, and Secretary of State simultaneously during 2001.==
And then followed by Blago claiming that Jesse White kept Scott Fawell on SOS staff after he took office–which was part of the rationale he used when Blago hammered the SOS budget by 7-15% for FY04 (leading to his spat with White). Claiming that SOS was the office “that Scott Fawell once worked out.” Even one of the unions (IIRC SEIU) claimed in a protest against the cuts (and possible layoffs) that the Fawell remark was a cheap shot.
- Nearly Normal - Thursday, May 14, 20 @ 12:02 pm:- The feds do not want to increase the number of people infected by COVID-19. They know the swabs the length of a Q-tip will give a false negative. That their game plan.
1. What are the odds that the company selling that package to the Feds is owned by someone connected to Trump? I would argue for a number north of 90%.
2. Trump will campaign on “all the medical supplies I sent to the states.” When folks point out how useless a number of them were (faulty manufacturing, wrong type, expired, etc.) bots and Trump supporters will raise a hue and cry about “how ungrateful these people are!”.
And the fools in the media will make it their lead story.
3. Bumping up the number tested and increasing the “negative” (in actuality, false negative) results: you’re undoubtedly right about that.
4. All those people dying because of Trump’s ignorance and incompetence? Not his fault.
- No Longer A Lurker - Thursday, May 14, 20 @ 2:13 pm:
@ Lynn S. 12:45
LOL. Well, even though it’s WLS gig it is a podcast at wlsam.com. It begins on Wednesday, I’m assuming next week. I don’t think I’ll be tuning in.
Today’s Chatham Clarion (the weekly here) reported that Village of Chatham employees reported to work this past Monday.
Also interesting article from Bruce Rushton in today’s Illinois Times comparing the quality of Springfield District 186 school cafeteria food to that served in the Sangamon County Jail. He believes jail food wins hands down:
- Political Observer - Thursday, May 14, 20 @ 5:17 pm:
Rich: I am belatedly responding to your column written in the Chicago Sun Times last Sunday, with the title of the article as follows:
“Thinking about reopening early? Insurance may not protect you.”
I had worked for insurance companies for over four decades handling insurance claims and helping to defend lawsuits up through trial. I have also worked closely with “coverage attorneys” over the course of decades, who specialize in the interpretation of the insurance policy contracts, to determine whether or not the insurance claims and/or lawsuits filed against one of my employer’s policyholders are definitely covered, potentially covered, possibly covered or are definitely excluded.
First you mentioned in your article that the president of the Illinois Trial Lawyers Association (ITLA), Antonio Romanucci, had written a message asserting that he feels that businesses in Illinois that open before Governor Pritzker lifts his Executive Order would face liability for people contracting Covid-19. Well, that could be true, but the burden of proof is upon the plaintiff and the plaintiff’s attorney that the virus “more than likely” originated from that particular defendant-business establishment in comparison to any other establishment the plaintiff might have visited such as a grocery store, the Home Depot auto parts store or any other personal contacts. This could result in third party lawsuits filed by defendants against any other establishments that the plaintiff had visited.
Regarding your statement that businesses “…could find themselves without coverage should something go wrong….” To substantiate your statement, you have quoted officials from the IDOI and the IIA, where they both expressed their opinions that those businesses which open too early could be placing their insurance coverage in jeopardy.
First of all, the goal of the members of the Trial Lawyers is to file a lawsuit against defendants who are covered by a policy of insurance, since they would much prefer collecting a verdict from an insurance company, rather than attempting to collect their verdict against a uninsured defendant (which could file for bankruptcy), so they will ensure the litigation does not call into question a defendant’s insurance coverage by alleging in their Complaint that the defendant “negligently” caused the plaintiff to contract the virus.
Usually plaintiff’s attorneys will allege intentional misconduct where there is sufficient evidence for that allegation, such as a violent crime has been committed that caused the injuries or death. Even if the plaintiff’s attorney has some demonstrative evidence that the defendant’s conduct was intentional, he would nonetheless draft his Complaint alleging Intentional Acts in Count I, while also alleging Negligence in Count II (both theories of liability arising out of same conduct), which can create a genuine quandary for the insurance company. The insurance carrier would have a duty to defend the suit, since it would be premature to solely file a Declaratory Judgment lawsuit against its insured in Chancery Court to contest the coverage.
The dilemma facing the insurance company in this scenario would be to issue a Reservation of Rights that they would not owe any coverage for the Intentional Acts (which presumably would trigger the “Expected or Intended” exclusion under their policy). If they send such a letter, pursuant to caselaw it would create a conflict of interest for them to control the defense, so they would therefore have to offer their insured the option to hire their own personal attorney at the insurance company’s sole expense. The insurance company would most likely not like the insured’s choice of counsel, since 1) that attorney may not be experienced in the courthouse, 2) he may charge too much for his services, 3) he may not be responsive to their requests for status reports, 4) his sole allegiance would be to the insured, 5) the verdict most likely would not delineate any basis to them to deny coverage. This may cause them to abandon the reservation of rights letter altogether (especially if the evidence for intentional conduct is flimsy). If they do this method, they are giving up their coverage defenses, so they are guaranteeing the insurance coverages.
Also, I am not aware of such a policy exclusion for disobeying a governor’s Executive Order. It is too late for an insurance company to add such a policy exclusion to an existing policy contract, unless it is done upon the policy renewal.
- Cheryl44 - Thursday, May 14, 20 @ 9:12 am:
A rather impressive thunderstorm just rolled through here. And judging from the state of my hair, it’s pretty humid.
- njt - Thursday, May 14, 20 @ 9:14 am:
Start of our final week in Chicago. It’s been nearly a decade and feels bitter sweet to go out in this environment. I will miss many things, including this site. We are ordering take out from some of our favorite restaurants, but not sure if there are any other must do’s we should hit before leaving.
- Give Me A Break - Thursday, May 14, 20 @ 9:20 am:
Here in Springpatch the weekly Monsoon is upon us.
- Red Dog - Thursday, May 14, 20 @ 9:21 am:
How about the Tribune posting an Article stating that George Ryan was the AG in 2001?
- Just Me 2 - Thursday, May 14, 20 @ 9:22 am:
I always get annoyed with J.B. tries to show empathy with people going through difficult times. The dude is living in a double-mansion and isn’t worried about his retirement vanishing before his eyes. He doesn’t have to try and work at home while juggling 3 kids who all need to learn, and I’m not trained on being their teacher. Add to that summer camp is getting cancelled, and employers are starting to cut their employees. It’s overwhelming and hearing him say, “I feel your pain” isn’t helpful.
- ChicagoVinny - Thursday, May 14, 20 @ 9:24 am:
I genuinely enjoy waking up to rain and some rolling, distant thunder. It relaxes me.
- Give us Barabbas - Thursday, May 14, 20 @ 9:25 am:
The lodge at White Pines is declaring bankruptcy. The State Park remains, and we hope someone else takes over running the lodge and cabins when the emergency is over. Getting a cabin at White Pines was like getting Bozo tickets: reservations booked over a year in advance at times. Super-popular place, with structures hand-built by CCC workers in the Great Depression.
- Da Big Bad Wolf - Thursday, May 14, 20 @ 9:25 am:
This happened last year. A pregnant women was killed for testifying in a murder case. https://www.chicagotribune.com/news/breaking/ct-treja-kelley-bounty-murder-20200402-magi2duyfbddzo5awfz7xm35cm-story.html
So where is the witness protection program? Why wasn’t this woman removed from harm? And editorial by Dahleen Glanton has the answer, there is none. She asked Kim Fox: “If Foxx had the money for it, she says she would add a full-fledged witness protection program that relocates witnesses whose lives are placed in severe jeopardy due to their cooperation. As it stands now, only limited resources are available, and help is doled out on a case-by-case basis.”
If we want crime to end we need to find a witness protection program. Too many people are scared to come forward. Crime is still a problem. Don’t you want it to end?
- Fighter of Foo - Thursday, May 14, 20 @ 9:26 am:
Baseball comment is nothing. They won’t agree to revenue sharing.. I hope they do replacement players. Just overweight old slobs like me. People are starving for sports, hey the one year the sox looked good.. and yoink! People could gamble on the guy that throws a 61 mph fastball…and the guy that can’t hit it… Who wants in on my idea? looking for ground floor investors..
- Bruce (no not him) - Thursday, May 14, 20 @ 9:29 am:
Let’s all go to Wisconsin. They’ve got cheese.
- Grandson of Man - Thursday, May 14, 20 @ 9:30 am:
There was a thunderstorm by me as well, but it looks a little better now. A warm front is forecasted to be passing through. Often in spring those don’t make it all the way north, as there are great temperature disparities between places like Kankakee and the North Shore.
- Back to the Future - Thursday, May 14, 20 @ 9:30 am:
Saw Zay Smith passed away. He was involved in running the “Mirage Tavern” with Pam Zekman and other reporters. Great investigative reporting. It seemed that every inspector that showed up at the place got into trouble. The extend of corruption on both the City and State level was “mind blowing”.
- Flat Bed Ford - Thursday, May 14, 20 @ 9:34 am:
First time homebuyers market in the suburbs is screaming hot. Not so much for the homes north of 400,000. Flight out of Chicago is real. People can work from anywhere. Office space leases actually up too. Social distancing means more office space decentralized from single location. Compounding problems for Chicago piling up.
- Oswego Willy - Thursday, May 14, 20 @ 9:41 am:
- Flat Bed Ford -
Are you leaving?
Why or why not?
Thanks.
- Oswego Willy - Thursday, May 14, 20 @ 9:42 am:
It poured here in Oswego. Poured.
It was a soaking rain. It was a bit of normalcy to a weather feel.
- Chatham Resident - Thursday, May 14, 20 @ 9:49 am:
==Here in Springpatch the weekly Monsoon is upon us.==
And more severe weather later today and tonight possible. Code Red!
- Bemused - Thursday, May 14, 20 @ 9:50 am:
Was growing an outstanding crop of weeds on my lawn. Got out and sprayed weed killer Tuesday. Not sure if todays rain will help our hinder my efforts.
- peters piece - Thursday, May 14, 20 @ 9:53 am:
-Let’s all go to Wisconsin. They’ve got cheese. -
Marianos has a whole case of Wisconsin Cheeses.
- Tynie - Thursday, May 14, 20 @ 9:58 am:
Cheryl44; weather and hairday wise, we’re in the same boat.
- ZC - Thursday, May 14, 20 @ 10:04 am:
Can games without fans work for Wrigley? Are folks gonna want to congregate outside the stadium? Not a problem for every ballpark but not sure about here.
- Froganon - Thursday, May 14, 20 @ 10:09 am:
We had a steady rain last night and a downpour this morning. Looking for a 20 lb. bag of King Arthur bread flour. I read all the home bakers are using up the flour supply. I’m perfecting my sourdough starter.
- Da Big Bad Wolf - Thursday, May 14, 20 @ 10:14 am:
=== First time homebuyers market in the suburbs is screaming hot. Not so much for the homes north of 400,000. Flight out of Chicago is real.===
There has to be both buyers and a sellers for a market to be “screaming hot”. Otherwise it’s just “screaming.”
- ChiefM - Thursday, May 14, 20 @ 10:19 am:
Back to the Future - thank you for sharing the information about Zay Smith. The Mirage is a good read and a great snapshot into the workings of Chicago at that time. RIP
- cermak_rd - Thursday, May 14, 20 @ 10:32 am:
It’s probably the case that some people will leave if they can work from home. But how long will these extraordinary circumstances last? My company is hiring engineers, but are planning a once a week in the office day (staggered) because they firmly expect to get back to normal some day and they feel they benefit from having everyone able to collaborate in person. It’s a cross field team of engineers (electrical, software, material, chemical, etc). Plus we benefit from the fact that people are part of the engineer’s associations in the city and that they have friends who are engineers in the city.
In short, yes the pandemic is a power disdvantage right now of density but there are other advantages of the density that will right back in play once the pandemic is managed (either widely available, functional, low side-effect treatment or of course vaccine).
- Iterim Retiree - Thursday, May 14, 20 @ 10:35 am:
Like him or not, you have to really admire how JB has handled himself. Bob Knight, Nick Saban, etc. would have thrown chairs and/or screamed obscenities long ago at reporters dumb questions.
- Chatham Resident - Thursday, May 14, 20 @ 10:41 am:
==How about the Tribune posting an Article stating that George Ryan was the AG in 2001?==
Followed by Blago claiming that George Ryan served as Governor, AG, and Secretary of State simultaneously during 2001.
- Blue Dog Dem - Thursday, May 14, 20 @ 10:53 am:
last weekend, Mrs Blue and I, ran down to Tennessee for some relaxing fishing. We did something we hadn’t done since early March. We ate breakfast in a restraunt.
Although I am not opposed to opening up, I am still cautious where I go.
Looking in the window I saw every other table removed. Good start. Upon entering, we immediately were greeted with the aroma of cleaning agents. Better start. The hostess guided us to our table far from any seated guests. Continue good. Our waitress came to our table and stayed a good four feet away. She presented two options. We could use our phone to view the menu or if we were brave, she would hand us a throwaway paper menu. We opted for the menu. She handed them to us with gloves on.
Our table was completely bare. When our food arrived, so too did our utensils wrapped in plastic. Along with our salt,pepper, ketchup and napkins. Bottled water was available.
I felt as safe as anyplace I have been during the lockdown. Safer than Walmart or rural king.
I guess this will be the new normal for awhile.
- RNUG - Thursday, May 14, 20 @ 10:59 am:
Hoping the rain will help the grass seed and flower seed we planted last week.
- JoanP - Thursday, May 14, 20 @ 11:04 am:
Woke up to a big storm, and it’s continued raining off and on all morning. So plans to hit Trader Joe’s senior hours were cancelled.
- Six Degrees of Separation - Thursday, May 14, 20 @ 11:11 am:
===I guess this will be the new normal for awhile.===
The question is, “How many restaurants will be able to make money this way.”
- yinn - Thursday, May 14, 20 @ 12:02 pm:
==Looking for a 20 lb. bag of King Arthur bread flour.==
KAF bread flour going for about $4 per lb in the gouge-a-rama showrooms of eBay and Etsy — $7 per lb or more if organic.
- Nearly Normal - Thursday, May 14, 20 @ 12:02 pm:
Sorry example of the Federal response to Covid-19–
Illinois requested the longer swabs individually wrapped with tubes for use in Covid-19 testing. The feds sent swabs the length of a Q-tip in bulk boxed like the kind you buy at the store. The feds tell them but you can use them. Sure. Shorter swabs do not reach the back of the nose and then there is all the extra steps for keep the open box sterile etc. Looks like they are not going to be used for the purpose requested.
- yinn - Thursday, May 14, 20 @ 12:05 pm:
…including shipping costs.
- No Longer A Lurker - Thursday, May 14, 20 @ 12:20 pm:
Not so sure anyone really cares but The Daily Herald is reporting that Rod Blagojevich has secured a gig on WLS radio.
- Chatham Resident - Thursday, May 14, 20 @ 12:37 pm:
Adler Planetarium is laying off 120 full and part time employees:
https://chicago.suntimes.com/2020/5/14/21258846/adler-planetarium-lays-off-120-employees
- Back to the Future - Thursday, May 14, 20 @ 12:40 pm:
Pretty sure I will never tune in to hear any show Rob B does.
- Chatham Resident - Thursday, May 14, 20 @ 12:41 pm:
==How about the Tribune posting an Article stating that George Ryan was the AG in 2001?==
==Followed by Blago claiming that George Ryan served as Governor, AG, and Secretary of State simultaneously during 2001.==
And then followed by Blago claiming that Jesse White kept Scott Fawell on SOS staff after he took office–which was part of the rationale he used when Blago hammered the SOS budget by 7-15% for FY04 (leading to his spat with White). Claiming that SOS was the office “that Scott Fawell once worked out.” Even one of the unions (IIRC SEIU) claimed in a protest against the cuts (and possible layoffs) that the Fawell remark was a cheap shot.
- Mama - Thursday, May 14, 20 @ 12:43 pm:
- Nearly Normal - Thursday, May 14, 20 @ 12:02 pm:- The feds do not want to increase the number of people infected by COVID-19. They know the swabs the length of a Q-tip will give a false negative. That their game plan.
- Lynn S. - Thursday, May 14, 20 @ 12:45 pm:
@ No Longer a Lurker 12:20
Why, oh why, must the public be subjected to that?
Perhaps his ratings will fall so badly he’ll be replaced in a week or two.
- Lynn S. - Thursday, May 14, 20 @ 12:57 pm:
Mama, several thoughts.
1. What are the odds that the company selling that package to the Feds is owned by someone connected to Trump? I would argue for a number north of 90%.
2. Trump will campaign on “all the medical supplies I sent to the states.” When folks point out how useless a number of them were (faulty manufacturing, wrong type, expired, etc.) bots and Trump supporters will raise a hue and cry about “how ungrateful these people are!”.
And the fools in the media will make it their lead story.
3. Bumping up the number tested and increasing the “negative” (in actuality, false negative) results: you’re undoubtedly right about that.
4. All those people dying because of Trump’s ignorance and incompetence? Not his fault.
- No Longer A Lurker - Thursday, May 14, 20 @ 2:13 pm:
@ Lynn S. 12:45
LOL. Well, even though it’s WLS gig it is a podcast at wlsam.com. It begins on Wednesday, I’m assuming next week. I don’t think I’ll be tuning in.
- Chatham Resident - Thursday, May 14, 20 @ 4:03 pm:
Today’s Chatham Clarion (the weekly here) reported that Village of Chatham employees reported to work this past Monday.
Also interesting article from Bruce Rushton in today’s Illinois Times comparing the quality of Springfield District 186 school cafeteria food to that served in the Sangamon County Jail. He believes jail food wins hands down:
https://www.illinoistimes.com/springfield/school-or-jail/Content?oid=12151996&fbclid=IwAR3YyBYecgxJD9rY53hIBt7ZRR-c8Pc-ni8q1DQcN0m9oG6oVsyWtkcxy7k
- Political Observer - Thursday, May 14, 20 @ 5:17 pm:
Rich: I am belatedly responding to your column written in the Chicago Sun Times last Sunday, with the title of the article as follows:
“Thinking about reopening early? Insurance may not protect you.”
I had worked for insurance companies for over four decades handling insurance claims and helping to defend lawsuits up through trial. I have also worked closely with “coverage attorneys” over the course of decades, who specialize in the interpretation of the insurance policy contracts, to determine whether or not the insurance claims and/or lawsuits filed against one of my employer’s policyholders are definitely covered, potentially covered, possibly covered or are definitely excluded.
First you mentioned in your article that the president of the Illinois Trial Lawyers Association (ITLA), Antonio Romanucci, had written a message asserting that he feels that businesses in Illinois that open before Governor Pritzker lifts his Executive Order would face liability for people contracting Covid-19. Well, that could be true, but the burden of proof is upon the plaintiff and the plaintiff’s attorney that the virus “more than likely” originated from that particular defendant-business establishment in comparison to any other establishment the plaintiff might have visited such as a grocery store, the Home Depot auto parts store or any other personal contacts. This could result in third party lawsuits filed by defendants against any other establishments that the plaintiff had visited.
Regarding your statement that businesses “…could find themselves without coverage should something go wrong….” To substantiate your statement, you have quoted officials from the IDOI and the IIA, where they both expressed their opinions that those businesses which open too early could be placing their insurance coverage in jeopardy.
First of all, the goal of the members of the Trial Lawyers is to file a lawsuit against defendants who are covered by a policy of insurance, since they would much prefer collecting a verdict from an insurance company, rather than attempting to collect their verdict against a uninsured defendant (which could file for bankruptcy), so they will ensure the litigation does not call into question a defendant’s insurance coverage by alleging in their Complaint that the defendant “negligently” caused the plaintiff to contract the virus.
Usually plaintiff’s attorneys will allege intentional misconduct where there is sufficient evidence for that allegation, such as a violent crime has been committed that caused the injuries or death. Even if the plaintiff’s attorney has some demonstrative evidence that the defendant’s conduct was intentional, he would nonetheless draft his Complaint alleging Intentional Acts in Count I, while also alleging Negligence in Count II (both theories of liability arising out of same conduct), which can create a genuine quandary for the insurance company. The insurance carrier would have a duty to defend the suit, since it would be premature to solely file a Declaratory Judgment lawsuit against its insured in Chancery Court to contest the coverage.
The dilemma facing the insurance company in this scenario would be to issue a Reservation of Rights that they would not owe any coverage for the Intentional Acts (which presumably would trigger the “Expected or Intended” exclusion under their policy). If they send such a letter, pursuant to caselaw it would create a conflict of interest for them to control the defense, so they would therefore have to offer their insured the option to hire their own personal attorney at the insurance company’s sole expense. The insurance company would most likely not like the insured’s choice of counsel, since 1) that attorney may not be experienced in the courthouse, 2) he may charge too much for his services, 3) he may not be responsive to their requests for status reports, 4) his sole allegiance would be to the insured, 5) the verdict most likely would not delineate any basis to them to deny coverage. This may cause them to abandon the reservation of rights letter altogether (especially if the evidence for intentional conduct is flimsy). If they do this method, they are giving up their coverage defenses, so they are guaranteeing the insurance coverages.
Also, I am not aware of such a policy exclusion for disobeying a governor’s Executive Order. It is too late for an insurance company to add such a policy exclusion to an existing policy contract, unless it is done upon the policy renewal.