EDWARDSVILLE — An Edwardsville restaurant claims its insurer refuses to pay a legitimate claim for business losses due to the Covid-19 pandemic.
Kemco LLC, doing business as Cleveland Heath, on behalf of itself and all others similarly situated, filed a complaint May 12 in the Madison County Circuit Court against State Auto Property Casualty Insurance Company, alleging breach of contract.
According to Cleveland Heath's complaint, the restaurant purchased a commercial insurance policy from State Auto in August 2015, which includes coverages for business income loss. It alleges that due to the COVID-19 pandemic, the restaurant was forced to completely close for in-person dining from March 16, 2020, until May 29, 2020, when the restaurant was allowed to operate at limited capacity.
Cleveland Health claims it also incurred extra expenses as a result of the pandemic, which are covered under the "Extra Expense" coverage of its policy. It alleges State Auto has refused to cover business income losses and extra expenses "without good cause" and falsely claimed the restaurant did not have "any direct physical loss or damage to property."
Cleveland Heath seeks monetary relief, trial by jury and all other just relief. They are represented by Mark Goldenberg, Thomas Rosenfeld, Kevin Green and Zachary Shelton of Goldenberg Heller & Antognoli PC in Edwardsville, Richard Cornfeld and Daniel Levy of The Law Office of Richard S. Cornfeld LLC in St. Louis and Anthony Bruning, Anthony Bruning, Jr., and Ryan Bruning of The Bruning Law Firm LLC in St. Louis.
Madison County Circuit Court case number 21-L-000583