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Daycare Center Devastated by COVID-19 Shutdown Sues Insurance Company for Payment Covered by its Policy

August 18, 2020

Nationally respected personal injury law firm Romanucci & Blandin, LLC, along with insurance policyholder’s law firms Rutter & Russin, LLC and Spangenberg, Shibley & Liber, LLP, together announce the filing of a class action lawsuit on behalf of a Chicago daycare center and others that suffered devastating financial losses in the COVID-19 crisis, and are seeking payment rightfully due from their insurance company for business interruption losses. The suit was filed August 17, 2020 in Circuit Court of Cook County, Illinois. The named plaintiff is the owner of Green Beginnings, LLC and the defendant is Wisconsin-based West Bend Mutual Insurance Company, to which the daycare owner made contractual premium payments, expecting compensation during their time of need according to the policy written by the company. The lawsuit is seeking a declaratory judgement from the court, meaning a decision that finds the insurance company owes the daycare owners coverage and improperly issued a denial. The lawsuit is not seeking additional damages.

The daycare suffered an overwhelming financial impact that threatens its survival following the government directed shut down of non-essential businesses in March of 2020, as an emergency measure to stop the spread of COVID-19. 

The lawsuit does not question the necessity of the business closures nor criticize government leaders for doing so, but rather demands the insurance company meet its contractual obligation for which it has been paid by responsible business owners. 

“Daycare owners in Illinois, Wisconsin and elsewhere have been devastated not only by the COVID business closures, but then by the denials of coverage by their insurance companies,” said Antonio M. Romanucci, Founding Partner of Romanucci & Blandin, LLC. “Our plaintiff did the responsible thing by procuring business interruption insurance and paying their premiums regularly; however, in their time of need, they were denied the financial support necessary to survive.” 

In order to protect the rights of retail and service businesses and other organizations impacted by the pandemic business shutdown order, Romanucci & Blandin strategically assembled a legal team of highly regarded experts to handle business interruption insurance claims. In addition to the nationally respected mass tort experts at Romanucci & Blandin, the team includes: Rutter & Russin, LLC, and Partner Robert Rutter, one of the country's top insurance policyholder's rights attorneys; along with Spangenberg, Shibley & Liber, LLP and Partner Nick DiCello, a business and insurance litigation expert.

The legal team has shared its expertise on COVID-19 business interruption litigation at this critical time in a number of ways. Antonio M. Romanucci was a featured panelist on the April 29 Crain’s Chicago Business Content Studio webinar addressing COVID-19 Business Relief; Bobby Rutter has been featured in the media for his expertise on COVID-19 business interruption; and Nick DiCello will be featured as an expert speaker on the October legal webinar on business interruption losses for COVID-19 by Mass Torts Made Perfect.

About Romanucci & Blandin, LLC

Romanucci & Blandin is a national trial practice committed to fighting for victims of negligence, abuse and wrongful death arising from police misconduct, corporate negligence, civil rights actions, medical malpractice, mass torts and class actions. The attorneys’ steadfast commitment to fighting for those seeking justice around the country has helped the firm obtain multiple verdicts and settlements in the millions of dollars. The Chicago-based personal injury lawyers are dedicated to providing victims who suffered injury as a result of another’s wrongdoing full and fair compensation in a diligent, professional, skilled and caring manner. The lawyers actively support their communities and provide advocacy at the national, state and local levels on issues that support the U.S. tort system. Founded in 1998, Romanucci & Blandin is widely recognized for representing plaintiffs in numerous practice areas including: personal injury, wrongful death, medical malpractice, workers’ compensation, pharmaceutical, mass torts, civil rights, police misconduct, excessive force, aviation, product liability and premises liability.  For more information about Romanucci & Blandin, please visit www.rblaw.net or call (312) 458-1000. 

About Rutter & Russin, LLC

Rutter & Russin, LLC is proud of its success representing policyholders across the country, in all types of insurance coverage disputes, including claims for loss or damage to property, business interruption loss, declaratory judgments, insurance bad faith, life insurance, disability insurance, and insurance agent negligence.  For more information about Rutter & Russin, please visit www.ohio-insurance-lawyer.com or call (216) 642-1425.

About Spangenberg, Shibley & Liber, LLP

Spangenberg Shibley & Liber, LLP was established in 1946 by Craig Spangenberg, an inductee into the Trial Lawyer Hall of Fame. For more than 70 years, the firm has been achieving premium results on behalf of its clients in and out of the courtroom.  Spangenberg’s areas of expertise include insurance coverage, medical malpractice, police brutality and civil rights, personal injury, business disputes, products liability, class actions, and mass torts. The firm regularly serves in leadership roles in large, complex cases, including financial and banking class actions and large-scale pharmaceutical litigation. Spangenberg’s Peter Weinberger currently serves as Co-Liaison Counsel in the National Prescription Opiate Multi-District Litigation (MDL), one of the largest and most complex pieces of litigation in American history.

Spangenberg is known for taking on complicated and complex cases against some of the largest industries in the country. Spangenberg lawyers routinely obtain multi-million-dollar verdicts at trial.  The last three verdicts obtained by the firm were for $28 million, $3.97 million and $70.5 million. Spangenberg’s Pete Weinberger was a member of the trial team in the first Opiate MDL bellwether case that settled before opening statements for $260 million late last year.

For more information about Spangenberg, Shibley & Liber please visit www.spanglaw.com or call (216) 600-0114.

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