In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...more
6/4/2024
/ Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Commercial General Liability Policies ,
Data Breach ,
Disclosure ,
Employer Liability Issues ,
IL Supreme Court ,
Insurance Industry ,
Policy Exclusions
In Acuity v. M/I Homes of Chicago, the Illinois Supreme Court overturned years of lower court precedent and established that “property damage” in the context of construction defect or faulty workmanship claims exists...more
Washington state recently passed the My Health My Data Act (the Act), which will almost certainly lead to an explosion of consumer lawsuits and follow-on insurance coverage disputes.
The measure is intended to protect...more
6/27/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cyber Insurance ,
DATA Act ,
Data Protection Acts ,
Denial of Insurance Coverage ,
Health Information Technologies ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Medical Devices ,
Privacy Laws ,
State and Local Government ,
Technology ,
Washington
In a recent decision, the Supreme Court of Texas issued helpful guidance to businesses, nonprofits, and individuals seeking coverage as an “additional insured” under policies issued by a business partner. On April 14, 2023,...more
A Colorado state court recently joined a growing chorus of courts across the country rejecting insurance companies’ arguments that there is no coverage for COVID-19-related losses and costs under commercial property insurance...more
The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more
6/2/2021
/ Advertising Injury ,
Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
CAN-SPAM Act ,
Class Action ,
Commercial General Liability Policies ,
Corporate Counsel ,
IL Supreme Court ,
Insurance Industry ,
Policy Exclusions ,
Statute of Limitations ,
Statutory Damages ,
TCPA
Since the start of the pandemic, hundreds of businesses of all sizes have been forced to file lawsuits against their property insurers for failing to honor their contractual obligations to provide business interruption, extra...more
Due to the COVID-19 pandemic, institutions of higher education are facing significant revenue challenges and incurring extra expenses for which their insurance programs should provide relief. Potentially covered sources of...more
The insurance industry in the United States continues to thwart legislative solutions for disputed COVID-19-related losses under property/business interruption policies and resists efforts to group lawsuits together into...more
As businesses gear up for the busy holiday shopping season and prepare product lines for the new year, manufacturers and distributors of consumer products must be ready to manage new risks that are likely to appear in the new...more
10/31/2019
/ Centers for Disease Control and Prevention (CDC) ,
Chemical Compounds ,
Chemicals ,
Consumer Product Companies ,
Distributors ,
Environmental Protection Agency (EPA) ,
Food Manufacturers ,
Government Investigations ,
Manufacturers ,
Multidistrict Litigation ,
NDAA ,
PFAS ,
Proposition 65 ,
Toxic Chemicals
As Law360 recently reported, the South Carolina Supreme Court delivered a gift to insurers facing bad faith claims in that state. The court determined that, where a policyholder brings a bad faith claim against its insurer...more
7/31/2019
/ Attorney-Client Privilege ,
AZ Supreme Court ,
Bad Faith ,
Confidential Communications ,
Defense Strategies ,
Denial of Insurance Coverage ,
Discovery ,
Insurance Industry ,
Insurance Litigation ,
SC Supreme Court ,
WA Supreme Court