COLECTIVO COFFEE ROASTERS v. SOCIETY INS.

No. 2021AP463.

974 N.W.2d 442 (2022)

2022 WI 36

COLECTIVO COFFEE ROASTERS, INC.; Tandem Restaurant, LLC d/b/a The Tandem; Wrecking Crew, Inc.; Iron Grate BBQ Company, Inc.; East Troy Brewery Company; Logan & Potter, Inc.; Buckley's Kiskeam Inn, LLC; Other Ones MKE, LLC; BCT 5, LLC; Company Brewing, LLC; Bryhopper's Bar & Grill, LLC; The River's Bar, LLC; Etcetera by BLH, LLC; REMBS, LLC, KRO Bar, Inc.; Rivermill, Inc.; and Pork's Place of Kaukauna, LLC, Plaintiffs-Respondents, v. SOCIETY INSURANCE, a Mutual Company, Defendant-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: June 1, 2022.


Attorney(s) appearing for the Case

For the defendant-appellant there were briefs filed in the court of appeals by Janet E. Cain , Heidi L. Vogt , Beth J. Kushner , Christopher E. Avallone and von Briesen & Roper, S.C., Milwaukee. There was a brief filed in response to amicus briefs for United Policyholders and the Tavern League of Wisconsin by Janet E. Cain , Heidi L. Vogt , Beth J. Kushner , Christopher E. Avallone , Laura A. Foggan and von Briesen & Roper, S.C., Milwaukee and Crowell & Moring LLP, Washington D.C. There was an oral argument by Laura A. Foggan .

For the plaintiffs-respondents there was a brief filed in the court of appeals by Jay A. Urban , Nicole A. Flemming , Richard W. Schulte and Urban & Taylor, S.C., Milwaukee and Wright & Schulte, Vandalia. There was an oral argument by Jay A. Urban .

An amicus curiae brief was filed in the court of appeals by Jeffrey D. Colman , Gabriel K. Gillett and Jenner & Block LLP, Chicago for The Restaurant Law Center.

An amicus curiae brief was filed by Andrew B. Hebl and Boardman & Clark LLP, Madison for the Wisconsin Insurance Alliance, American Property Casualty Insurance Association, and the National Association of Mutual Insurance Companies.

An amicus curiae brief was filed by Patrick Murphy , John S. Vishneski III and Quarles & Brady LLP, Milwaukee and Reed Smith LLP, Chicago for United Policyholders.

An amicus curiae brief was filed by Patricia L. Jenness , Marshall Gilinsky, Esq. , Nicholas M. Insua, Esq. , Rhonda Orin, Esq. and Michael Best & Friederich LLP, Milwaukee and Anderson Kill , New York City for the Tavern League of Wisconsin.

DALLET, J., delivered the majority opinion for a unanimous Court.


¶1 Colectivo Coffee Roasters and other bars and restaurants experienced substantial losses as a result of the COVID-19 pandemic and related government restrictions on in-person dining. This case is about whether those losses are covered by a property-insurance policy issued by Society Insurance. Specifically, the questions...

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