UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF WISCONSIN
`
`
`
`
`
`
`
`
`Civil Action No. ____________
`
`
`JURY TRIAL DEMANDED
`
`
`RISING DOUGH, INC. (d/b/a MADISON
`SOURDOUGH), WILLY MCCOYS OF
`ALBERTVILLE LLC, WILLY MCCOYS OF
`ANDOVER LLC, WILLY MCCOYS OF
`CHASKA LLC, WILLY MCCOYS OF
`SHAKOPEE LLC, and WHISKEY JACKS
`OF RAMSEY LLC (d/b/a WILLY MCCOYS
`RAMSEY), individually and on behalf of all
`others similarly situated,
`
`
`Plaintiffs,
`
`Defendant.
`
`
`v.
`
`SOCIETY INSURANCE,
`
`
`
`
`
`
`CLASS ACTION COMPLAINT
`
`Plaintiffs Rising Dough, Inc. (d/b/a Madison Sourdough) (“Madison Sourdough”) and
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`Willy McCoys of Albertville LLC, Willy McCoys of Andover LLC, Willy McCoys of Chaska
`
`LLC, Willy McCoys of Shakopee LLC (d/b/a McCoys Copper Pint), and Whiskey Jacks of
`
`Ramsey, LLC (d/b/a Willy McCoys Ramsey) (collectively “Willy McCoys”), individually and on
`
`behalf of the other members of the below-defined nationwide classes (collectively, the “Class”),
`
`bring this class action against Defendant Society Insurance, and in support thereof state the
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`following:
`
`I.
`
` NATURE OF THE ACTION
`
`1.
`
`Plaintiff Madison Sourdough operates a mill, bakery, café and patisserie in Madison
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`Wisconsin. Until the business interruption detailed herein, Madison Sourdough produced breads
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`and pastries 360 days of the year, supplying not only its café with unique breads and pastries, but
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`also distributing the freshest bakery products to Madison’s finest restaurants, grocery stores, and
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`coffee shops. Madison Sourdough began its days early so its customers across the city could
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`experience this culinary craft at its best. Madison Sourdough specializes in naturally leavened, i.e.
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`sourdough, breads using Wisconsin grown wheat, rye, and corn. Its special, yeast-leavened
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`breakfast pastries are called Viennoiserie and are based on classic French techniques. Madison
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`Sourdough laminates all of its Viennoiserie with premium Wisconsin butter and enriches its
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`doughs with local eggs and milk. Its café, which seats approximately 80 people, serves lunch and
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`breakfast throughout the week, employing chefs, servers, and dishwashers.
`
`2.
`
`Plaintiffs Willy McCoys is a 1920’s prohibition-themed group of taverns for the
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`“everyday Joes” with seven locations throughout the Twin Cities metropolitan region of
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`Minnesota, including Albertville, Andover, Shakopee, Ramsey, Champlin, Chaska, and
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`Bloomington, Minnesota.1 Willy McCoys also provides event services, including on-site event
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`spaces for banquets and other community events, as well as off-site catering. As an established
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`neighborhood restaurant and bar for patrons in the local community, Willy McCoys has earned a
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`positive reputation in the Twin Cities metro region for providing consistent, quality food and
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`services. Based upon this reputation, Willy McCoys has developed a steady and profitable client
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`base, and strives to maintain its reputation and the services it provides to the community and its
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`patrons.
`
`3.
`
`To protect their businesses in the event that they suddenly had to suspend operations
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`for reasons outside of their control, or in order to prevent further property damage, Plaintiffs
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`purchased insurance coverage from Society Insurance, including special property coverage, as set
`
`
`1 The Champlin and Bloomington locations did not have insurance policies with Society Insurance,
`and therefore, have not been named as parties to this suit.
`2
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`forth in Society Insurance’s Businessowner’s Special Property Coverage Form (Form TBP2 05-
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`15) (“Special Property Coverage Form”).
`
`4.
`
`Society Insurance’s Special Property Coverage Form provides “Business Income”
`
`coverage, which promises to pay for loss due to the necessary suspension of operations following
`
`damage to property.
`
`5.
`
`Society Insurance’s Special Property Coverage Form also provides “Civil
`
`Authority” coverage, which promises to pay for loss caused by the action of a civil authority that
`
`prohibits access to the insured premises.
`
`6.
`
`Society Insurance’s Special Property Coverage Form provides additional
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`“Contamination” coverage that pays for the actual loss of business income and extra expense
`
`caused by “‘Contamination’ that results in an action by a public health or other governmental
`
`authority that prohibits access to the described premises or production of your product.” The policy
`
`broadly defines a covered loss due to “Contamination” as occurring in a variety of circumstances,
`
`including an action by a public health or other governmental authority that prohibits access to the
`
`described premises and adverse “publicity” resulting from the discovery or suspicion of
`
`“Contamination.” The Special Property Coverage Form defines “Contamination” as “a defect,
`
`deficiency, inadequacy or dangerous condition in your products, merchandise or premises.”
`
`7.
`
`Society Insurance’s Special Property Coverage Form also provides “Extra
`
`Expense” coverage, which promises to pay the expense incurred to minimize the suspension of
`
`business and to continue operations.
`
`8.
`
`Society Insurance’s Special Property Coverage Form, under a section entitled
`
`“Duties in the Event of Loss or Damage” mandates that Society’s insured “must see that the
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`following are done in the event of loss or damage to Covered Property . . . [t]ake all reasonable
`
`3
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`steps to protect the Covered Property from further damage and keep a record of your expenses
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`necessary to protect the Covered Property, for consideration in the settlement of the claim.”
`
`9.
`
`Unlike many policies that provide Business Income (also referred to as “business
`
`interruption”) coverage, Society Insurance’s Special Property Coverage Form does not include,
`
`and is not subject to, any exclusion for losses caused by viruses or communicable diseases.
`
`10.
`
`Plaintiffs Willy McCoys were forced to suspend or reduce business at their Willy
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`McCoys taverns due to COVID-19 (a.k.a. the “coronavirus” or “SARS-CoV-2”) and the resultant
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`Executive Orders issued by the Governor of Minnesota mandating the closure of businesses like
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`Willy McCoys taverns for on-site services, as well as in order to take necessary steps to prevent
`
`further damage and minimize the suspension of business and continue operations.
`
`11.
`
`Plaintiff Madison Sourdough was, likewise, forced to suspend or reduce business
`
`due to COVID-19 and the resultant Executive Orders by the Governor of Wisconsin requiring the
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`closure of businesses like Madison Sourdough, as well as in order to take necessary steps to prevent
`
`further damage and minimize the suspension of business and continue operations.
`
`12.
`
`Upon information and belief, Society Insurance has, on a widescale and uniform
`
`basis, refused to pay its insureds under its Business Income, Civil Authority, Contamination, Extra
`
`Expense, and Sue and Labor coverages for losses suffered due to COVID-19, any executive orders
`
`by civil authorities that have required the necessary suspension of business, and any efforts to
`
`prevent further property damage or to minimize the suspension of business and continue
`
`operations. Indeed, Society Insurance has denied Plaintiffs Willy McCoys’ claims under its
`
`Society Insurance policy.
`
`II.
`
`JURISDICTION AND VENUE
`
`13.
`
`This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332 because
`
`Plaintiffs Willy McCoys and Defendant are citizens of different states, and because (a) the Class
`4
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`consists of at least 100 members, (b) the amount in controversy exceeds $5,000,000 exclusive of
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`interest and costs, and (c) no relevant exceptions apply to this claim.
`
`14.
`
`Venue is proper in this District under 28 U.S.C. § 1391 because Defendant resides
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`in this district and a substantial portion of the acts and conduct giving rise to the claims occurred
`
`within the District.
`
`Plaintiffs
`
`III. THE PARTIES
`
`15. Madison Sourdough is a Wisconsin corporation, with its principal place of business
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`in Madison, Wisconsin. Madison Sourdough owns and operates a mill, bakery, café, and
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`patisserie, all of which are located in Madison, Wisconsin
`
`16. Willy McCoys of Albertville LLC (“Willy McCoys Albertville”) is a Minnesota
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`limited liability company, with its principal place of business in Albertville, Minnesota. Willy
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`McCoys Albertville owns and operates a restaurant and bar, Willy McCoys, which is located in
`
`Albertville, Minnesota.
`
`17. Willy McCoys of Andover LLC (“Willy McCoys Andover”) is a Minnesota limited
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`liability company, with its principal place of business in Andover, Minnesota. Willy McCoys
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`Andover owns and operates a restaurant and bar, Willy McCoys, which is located in Andover,
`
`Minnesota.
`
`18. Willy McCoys of Chaska LLC (“Willy McCoys Chaska”) is a Minnesota limited
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`liability company, with its principal place of business in Chaska, Minnesota. Willy McCoys
`
`Chaska owns and operates a restaurant and bar, Willy McCoys Chaska, which is located in Chaska,
`
`Minnesota.
`
`19. Willy McCoys of Shakopee LLC (d/b/a McCoys Copper Pint) (“McCoys
`
`Shakopee”) is a Minnesota limited liability company, with its principal place of business in
`5
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`Shakopee, Minnesota. Willy McCoys Shakopee owns and operates a restaurant and bar, McCoys
`
`Copper Pint, which is located in Shakopee, Minnesota.
`
`20. Whiskey Jacks of Ramsey, LLC (d/b/a Willy McCoys Ramsey) (“Willy McCoys
`
`Ramsey”) is a Minnesota limited liability company, with its principal place of business in Ramsey,
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`Minnesota. Willy McCoys Ramsey owns and operates a restaurant and bar, Willy McCoys
`
`Ramsey, which is located in Ramsey, Minnesota.
`
`Defendant
`
`21.
`
`Society Insurance is a mutual insurance company organized under the laws of the
`
`State of Wisconsin, with its principal place of business in Fond du Lac, Wisconsin. It is authorized
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`to write, sell, and issue insurance policies providing property and business income coverage in
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`Wisconsin and Minnesota. At all times material hereto, Society Insurance conducted and
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`transacted business through the selling and issuing of insurance policies within Wisconsin and
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`Minnesota, including, but not limited to, selling and issuing property coverage to Madison
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`Sourdough and Willy McCoys.
`
`IV.
`
`FACTUAL BACKGROUND
`
`A.
`
`The Special Property Coverage Form Protecting Willy McCoys and Madison Sourdough
`
`22.
`
`In return for the payment of a premium, Society Insurance issued Policy No.
`
`TRM54814711 to Madison Sourdough for a policy period of January 1, 2020 to January 1, 2021,
`
`including a Businessowners Special Property Coverage Form. Policy No. TRM54814711 is
`
`attached hereto as Exhibit A. Madison Sourdough has performed all of its obligations under Policy
`
`No. TRM54814711, including the payment of premiums. The Covered Property, with respect to
`
`the Special Property Coverage Form, is the Madison Sourdough bakery at 916 Williamson Street,
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`Madison, Wisconsin.
`
`6
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`23.
`
`In return for the payment of a premium, Society Insurance issued Policy No.
`
`BP19022033-0 to Willy McCoys Albertville for a policy period of August 1, 2019 to August 1,
`
`2020, including a Businessowners Special Property Coverage Form. Policy No. BP19022033-0 is
`
`attached hereto as Exhibit B. Willy McCoys Albertville has performed all of its obligations under
`
`Policy No. BP19022033-0, including the payment of premiums. The Covered Property, with
`
`respect to the Special Property Coverage Form, is the Willy McCoys tavern at 5651 La Centre
`
`Avenue, Albertville, Minnesota.
`
`24.
`
`In return for the payment of a premium, Society Insurance issued Policy No.
`
`BP19013654-0 to Willy McCoys Andover for a policy period of June 15, 2019 to June 15, 2020,
`
`including a Businessowners Special Property Coverage Form. Policy No. BP19013654-0 is
`
`attached hereto as Exhibit C. Willy McCoys Andover has performed all of its obligations under
`
`Policy No. BP19013654-0, including the payment of premiums. The Covered Property, with
`
`respect to the Special Property Coverage Form, is the Willy McCoys tavern at 13655 Martin Street
`
`NW, Andover, Minnesota.
`
`25.
`
`In return for the payment of a premium, Society Insurance issued Policy No.
`
`BP19022056-0 to Willy McCoys Chaska for a policy period of August 1, 2019 to August 1, 2020,
`
`including a Businessowners Special Property Coverage Form. Policy No. BP19022056-0 is
`
`attached hereto as Exhibit D. Willy McCoys Chaska has performed all of its obligations under
`
`Policy No. BP19022056-0, including the payment of premiums. The Covered Property, with
`
`respect to the Special Property Coverage Form, is the Willy McCoys Chaska tavern at 320 Pioneer
`
`Trail, Chaska, Minnesota.
`
`26.
`
`In return for the payment of a premium, Society Insurance issued Policy No.
`
`BP19019803-0 to Willy McCoys Shakopee for a policy period of June 1, 2019 to June 1, 2020,
`
`including a Businessowners Special Property Coverage Form. Policy No. BP19019803-0 is
`7
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`attached hereto as Exhibit E. Willy McCoys Shakopee has performed all of its obligations under
`
`Policy No. BP19019803-0, including the payment of premiums. The Covered Property, with
`
`respect to the Special Property Coverage Form, is the McCoys Copper Pint tavern at 1710
`
`Crossings Boulevard, Shakopee, Minnesota.
`
`27.
`
`In return for the payment of a premium, Society Insurance issued Policy No.
`
`BP19022048-0 to Willy McCoys Ramsey for a policy period of August 15, 2019 to August 15,
`
`2020, including a Businessowners Special Property Coverage Form. Policy No. BP19022048-0 is
`
`attached hereto as Exhibit F. Willy McCoys Ramsey has performed all of its obligations under
`
`Policy No. BP19022048-0, including the payment of premiums. The Covered Property, with
`
`respect to the Special Property Coverage Form, is the Willy McCoys Ramsey tavern at 6415
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`Highway 10 NW, Suite 100, Ramsey, Minnesota.
`
`28.
`
`Each Plaintiff’s Special Property Coverage Form, included within the policies
`
`attached as Exhibits A-F, includes identical Business Income, Civil Authority, Contamination,
`
`Extra Expense, and Sue and Labor coverages.
`
`29.
`
`In many parts of the world, property insurance is sold on a specific peril basis. Such
`
`policies cover a risk of loss if that risk of loss is specifically listed (e.g., hurricane, earthquake,
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`H1N1, etc.). Most property policies sold in the United States, however, including those sold by
`
`Society Insurance, are all-risk property damage policies. These types of policies cover all risks of
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`loss except for risks that are expressly and specifically excluded. In the Special Property Coverage
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`Form provided to Plaintiffs Willy McCoys and Madison Sourdough, under the heading “Covered
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`Causes of Loss,” Society Insurance agreed to “pay for direct physical loss or damage to Covered
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`Property” “unless the loss is excluded or limited by” the Special Property Coverage Form.
`
`30.
`
`In the Special Property Coverage Form, Society Insurance did not exclude or limit
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`coverage for losses from viruses.
`
`8
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`31.
`
`Losses due to COVID-19 are a Covered Cause of Loss under the Society Insurance
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`policies with the Special Property Coverage Form.
`
`32.
`
`In the Special Property Coverage Form, Society Insurance agreed to pay for its
`
`insureds’ actual loss of Business Income sustained due to the necessary suspension of its
`
`operations during the “period of restoration” caused by direct physical loss or damage. A “partial
`
`slowdown or complete cessation” of business activities at the Covered Property is a “suspension”
`
`under the policy, for which Society Insurance agreed to pay for loss of Business Income during
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`the “period of restoration” “that occurs within 12 consecutive months after the date of direct
`
`physical loss or damage.”
`
`33.
`
`“Business Income” means net income (or loss) before tax that Plaintiffs would have
`
`earned “if no physical loss or damage had occurred.”
`
`34.
`
`The presence of virus or disease can constitute physical damage to property, as the
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`insurance industry has recognized since at least 2006. When preparing so-called “virus”
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`exclusions to be placed in some policies, but not others, the insurance industry drafting arm, ISO,
`
`circulated a statement to state insurance regulators that included the following:
`
`Disease-causing agents may render a product impure (change its quality or
`substance), or enable the spread of disease by their presence on interior building
`surfaces or the surfaces of personal property. When disease-causing viral or
`bacterial contamination occurs, potential claims involve the cost of replacement of
`property (for example, the milk), cost of decontamination (for example, interior
`building surfaces), and business interruption (time element) losses. Although
`building and personal property could arguably become contaminated (often
`temporarily) by such viruses and bacteria, the nature of the property itself would
`have a bearing on whether there is actual property damage. An allegation of
`property damage may be a point of disagreement in a particular case.
`
`In the Special Property Coverage Form, Society Insurance also agreed to pay
`
`35.
`
`necessary Extra Expense that its insureds incur during the “period of restoration” that the insureds
`
`9
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`would not have incurred if there had been no direct physical loss or damage to the Covered
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`Property.
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`36.
`
`“Extra Expense” means expenses “to avoid or minimize the suspension of business
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`and to continue ‘operations,’” and to repair or replace property.
`
`37.
`
`Society Insurance also agreed to “pay for the actual loss of Business Income” that
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`Plaintiffs sustain “and any Extra Expense caused by action of civil authority that prohibits access
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`to” the Covered Property when a Covered Cause of Loss causes damage to property other than the
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`Covered Property and the civil authority prohibits access to the property and its surrounding area
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`and takes such action “in response to dangerous physical conditions.”
`
`38.
`
`Society Insurance’s Special Property Coverage Form provides “Contamination”
`
`coverage that pays for the actual loss of Business Income and Extra Expense caused by
`
`“‘Contamination’ that results in an action by a public health or other governmental authority that
`
`prohibits access to the described premises or production of your product.” The Special Property
`
`Coverage Form broadly defines a covered loss due to “Contamination” as occurring in a variety
`
`of circumstances, including the following: (a) “Contamination” that results in an action by a public
`
`health or other governmental authority that prohibits access to the described premises or
`
`production of your product; (b) a “Contamination threat”, or (c) “publicity” resulting from the
`
`discovery or suspicion of “Contamination.” The Special Property Coverage Form defines
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`“Contamination” as “a defect, deficiency, inadequacy or dangerous condition in your products,
`
`merchandise or premises.”
`
`39.
`
`Society Insurance’s Special Property Coverage Form, under a section entitled
`
`“Duties in the Event of Loss or Damage” mandates that Society’s insured “must see that the
`
`following are done in the event of loss or damage to Covered Property . . . [t]ake all reasonable
`
`steps to protect the Covered Property from further damage and keep a record of your expenses
`10
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`necessary to protect the Covered Property, for consideration in the settlement of the claim.” This
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`type of coverage has historically been known as “sue and labor” coverage or a “sue and labor”
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`provision, and property policies have long provided coverage for these types of expenses.
`
`40.
`
`Losses caused by COVID-19 and the related orders issued by local, state, and
`
`federal authorities triggered the Business Income, Extra Expense, Civil Authority, Contamination,
`
`and Sue and Labor provisions of the Society Insurance policy.
`
`B.
`
`The Covered Cause of Loss
`
`41.
`
`The presence of COVID-19 has caused civil authorities throughout the country to
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`issue orders requiring the suspension of business at a wide range of establishments, including civil
`
`authorities with jurisdiction over Plaintiffs’ businesses (the “Closure Orders”).
`
`1.
`
`42.
`
`The Minnesota Closure Orders
`
`On March 13, 2020, Minnesota Governor Tim Walz issued Emergency Executive
`
`Order 20-01, “Declaring a Peacetime Emergency and Coordinating Minnesota’s Strategy to
`
`Protect Minnesotans from COVID-19.” Governor Walz encouraged individual Minnesotans to
`
`continue “their individual prevention efforts such as staying home when feeling sick, frequently
`
`washing their hands, and monitoring information about COVID-19.”
`
`43.
`
`On March 16, 2020, Governor Walz issued Emergency Executive Order 20-04,
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`ordering closure of restaurants for on-premises consumption, bars, taverns, and a variety of other
`
`public accommodations.
`
`44.
`
`The purpose of Executive Order 20-04 was to slow the spread of the COVID-19
`
`pandemic in public accommodations in which Minnesotans congregate that “pose a threat to public
`
`health by providing environments for the spread of COVID-19.” This order expressly prohibited
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`the public from entering, using, or occupying “restaurants” “and other places of public
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`accommodation offering food or beverage for on-premises consumption.”
`11
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`45.
`
`Executive Order 20-04 made it a crime, punishable by up to 90 days in jail and/or
`
`$1,000.00 fine, to violate the Order and enter, use, or occupy a restaurant or bar, such as Willy
`
`McCoys.
`
`46.
`
`Pursuant to Executive Order 20-04, all restaurants, bars, and places of public
`
`accommodation were prohibited from opening to the public for on-site consumption and were to
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`remain closed from March 17, 2020 through March 27, 2020.
`
`47.
`
`On March 25, 2020, Governor Walz issued Emergency Executive Order 20-18
`
`extending the mandatory closure of restaurants, bars, and places of public accommodation to the
`
`public and on-site consumption to May 1, 2020 and further ordering that all mandates set forth in
`
`Executive Order 20-04 shall remain in effect until that date.
`
`48.
`
`On March 25, 2020, Governor Walz also issued Emergency Executive Order 20-
`
`20, in which he ordered “all persons currently living within the State of Minnesota … to stay at
`
`home or in their place of residence” except for certain exempted essential activities and work,
`
`effective at 11:59 pm on March 27, 2020, and continuing through 5:00 pm on April 10, 2020 (a.k.a.
`
`Minnesota’s Shelter-in-Place Order).
`
`49.
`
`The purpose of Executive Order 20-20 was to slow the spread of the COVID-19
`
`pandemic. In Executive Order 20-20, the Governor also declared that the “restrictions on
`
`restaurants, bars, and other places of public accommodation adopted in Executive Orders 20-04
`
`and 20-18 remain in effect.”
`
`50.
`
`Executive Order 20-20 provides that a violation of the Shelter-in-Place Order is
`
`punishable by up to 90 days in jail and/or a fine not to exceed $1,000.00.
`
`51.
`
`On April 8, 2020, Governor Walz issued Emergency Executive Order 20-33, in
`
`which he extended the Shelter-in-Place Order to 11:59 p.m. on May 3, 2020.
`
`12
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`52.
`
`The purpose of Executive Order 20-33 was to continue Minnesota’s measures to
`
`slow the spread of the COVID-19 pandemic.
`
`2.
`
`53.
`
`The Wisconsin Closure Orders
`
`On March 12, 2020, Wisconsin Governor Tony Evers issued Executive Order 72,
`
`“Declaring a Health Emergency in Response to the COVID-19 Coronavirus.” In the
`
`accompanying press release, Governor Evers reminded people of simple steps to avoid getting
`
`sick, including frequent hand washing, covering coughs and sneezes, and staying home when sick.
`
`54.
`
`On March 16, 2020, Governor Evers issued Emergency Order 4, effective at
`
`12:01 am on March 17, 2020, ordering “a statewide moratorium on mass gatherings of 50 people
`
`or more to mitigate the spread of COVID-19.” Restaurants and bars were limited to “50 percent
`
`of seating capacity or 50 total people, whichever is less,” and were required to maintain “distancing
`
`of 6 feet between tables, booths, bar stools, and ordering counters.”
`
`55.
`
`On March 17, 2020, Governor Evers issued Emergency Order 5, effective at
`
`5:00 pm on March 17, 2020, prohibiting gatherings of “10 or more people in a single room or
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`single confined space at the same time.” Restaurants were allowed to “remain open for take-out
`
`or delivery service only,” and were required to “preserve social distancing of six feet between
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`customers during pick up.”
`
`56.
`
`On March 20, 2020, Governor Evers issued Emergency Order 8, “Updated Mass
`
`Gathering Ban,” further detailing the limit on bars and restaurants to take-out and delivery (with
`
`no delivery of alcoholic beverages to retail customers unless they paid in person).
`
`57.
`
`On March 24, 2020, Governor Evers issued Emergency Order 12, a “Safer At Home
`
`Order.” Governor Evers stated: “Despite prior emergency orders banning mass gatherings, the
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`rates of infection continue to drastically increase, necessitating additional measures to slow the
`
`rate of infection and save lives.” All individuals present within the state were ordered “to stay at
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`

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`home or their place of residence,” with certain exceptions. Bars and restaurants remained limited
`
`to take-out and delivery (with no delivery of alcoholic beverages to retail customers).
`
`58.
`
`Executive Order 12 provides that a violation of the Order is punishable by up to 30
`
`days in jail and/or a fine not to exceed $250.00.
`
`3.
`
`59.
`
`The Impact of COVID-19 and the Closure Orders
`
`The presence of COVID-19 caused “direct physical loss of or damage to” each
`
`“Covered Property” under the Plaintiffs’ policies, and the policies of the other Class members, by
`
`denying use of and damaging the Covered Property, and by causing a necessary suspension of
`
`operations during a period of restoration.
`
`60.
`
`The Closure Orders, including the issuance of Minnesota Emergency Executive
`
`Order Nos. 20-04, 20-18, 20-20 and 20-33 and Wisconsin Executive Orders 4, 5, 8 and 12,
`
`prohibited access to Plaintiffs and the other Class members’ Covered Property, and the area
`
`immediately surrounding Covered Property, in response to dangerous physical conditions resulting
`
`from a Covered Cause of Loss.
`
`61.
`
`As a result of the presence of COVID-19 and the Closure Orders, Plaintiffs and the
`
`other Class members lost Business Income and incurred Extra Expense.
`
`62.
`
`On or about March 17, 2020, Willy McCoys submitted claims for each of its
`
`locations named herein to Society Insurance under each location’s respective policy.
`
`63.
`
`On March 26, 2020, Society Insurance denied Willy McCoys’ claims. Society
`
`denied that COVID-19 was a Covered Cause of Loss but did not identify any exclusion from
`
`coverage.
`
`64.
`
`Indeed, Society Insurance has, on a widescale basis with many if not all of its
`
`insureds, refused to provide Business Income, Extra Expense, Civil Authority, Contamination or
`
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`Sue and Labor coverage due to COVID-19 and the resultant executive orders by civil authorities
`
`that have required the suspension of business.
`
`V.
`
`CLASS ACTION ALLEGATIONS
`
`65.
`
`Plaintiffs bring this action pursuant to Rules 23(a), 23(b)(1), 23(b)(2), 23(b)(3), and
`
`23(c)(4) of the Federal Rules of Civil Procedure, individually and on behalf of all others similarly
`
`situated.
`
`66.
`
`Plaintiffs Willy McCoys seek to represent nationwide classes defined as:
`
` All persons and entities that: (a) had Business Income coverage
`under a property insurance policy issued by Society Insurance; (b)
`suffered a suspension of business related to COVID-19, at the
`premises covered by their Society Insurance property insurance
`policy; (c) made a claim under their property insurance policy issued
`by Society Insurance; and (d) were denied Business Income
`coverage by Society Insurance for the suspension of business
`resulting from the presence or threat of COVID-19 (the “Business
`Income Breach Class”).
`
` 
`
` 
`
` All persons and entities that: (a) had Civil Authority coverage under
`a property insurance policy issued by Society Insurance; (b) suffered
`loss of Business Income and/or Extra Expense caused by action of a
`civil authority; (c) made a claim under their property insurance
`policy issued by Society Insurance; and (d) were denied Civil
`Authority coverage by Society Insurance for the loss of Business
`Income and/or Extra Expense caused by a Closure Order (the “Civil
`Authority Breach Class”).
`
` All persons and entities that: (a) had Extra Expense coverage under
`a property insurance policy issued by Society Insurance; (b) sought
`to minimize the suspension of business in connection with COVID-
`19 at the premises covered by their Society Insurance property
`insurance policy; (c) made a claim under their property insurance
`policy issued by Society Insurance; and (d) were denied Extra
`Expense coverage by Society Insurance despite their efforts to
`minimize the suspension of business caused by COVID-19 (the
`“Extra Expense Breach Class”).
`
` 
`
` All persons and entities that: (a) had Contamination coverage under
`a property insurance policy issued by Society Insurance; (b) suffered
`a suspension of business, caused by COVID-19, at the premises
`covered by their Society Insurance property insurance policy; (c)
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`

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`made a claim under their property insurance policy issued by
`Society Insurance; and (d) were denied Contamination coverage by
`Society Insurance for the suspension of business caused by COVID-
`19 (the “Contamination Breach Class”).
`
` All persons and entities that: (a) had a Sue and Labor provision
`under a property insurance policy issued by Society Insurance; (b)
`sought to prevent property damage caused by COVID-19 by
`suspending or reducing business operations, at the premises covered
`by their Society Insurance property insurance policy; (c) made a
`claim under their property insurance policy issued by Society
`Insurance; and (d) were denied Sue and Labor coverage by Society
`Insurance in connection with the suspension of business caused by
`COVID-19 (the “Sue and Labor Breach Class”).
`
` 
`
`67.
`
`Plaintiffs Willy McCoys and Madison Sourdough also seek to represent nationwide
`
`classes defined as:
`
` All persons and entities with Business Income coverage under a
`property insurance policy issued by Society Insurance that suffered
`a suspension of business due to COVID-19 at the premises covered
`by the business income coverage (the “Business Income Declaratory
`Judgment Class”).
`
` 
`
` All persons and entities with Civil Authority coverage under a
`property insurance policy issued by Society Insurance that suffered
`loss of Business Income and/or Extra Expense caused by a Closure
`Order (the “Civil Authority Declaratory Judgment Class”).
`
` 
`
` 
`
` All persons and entities with Extra Expense coverage under a
`property insurance policy issued by Society Insurance that sought to
`minimize the suspension of business in connection with COVID-19
`at the premises covered by their Society Insurance property
`insurance policy (the “Extra Expense Declaratory Judgment Class”).
`
` All persons and entities with Contamination coverage under a
`property insurance policy issued by Society Insurance that suffered
`a suspension of business, caused by COVID-19, at the premises
`covered by their Society Insurance property insurance policy (the
`“Contamination Declaratory Judgment Class”).
`
` 
`
` All persons and entities with a Sue and Labor provision und