Insureds Fail To Plausibly Plead ‘Actual Illness’ From COVID-19 At Facilities

Mealey's (November 9, 2021, 1:08 PM EST) -- CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Nov. 5 affirmed a lower federal court’s dismissal of 17 private preschool insureds’ breach of contract and bad faith lawsuit against their insurer, finding that they did not plausibly allege that there was an “actual illness” from COVID-19 at their insured facilities and never plausibly pleaded that Ohio’s shutdown order was “due directly” to anything that happened at their covered premises....