The Illinois Supreme Court ruled late last week in favor of a company seeking insurance coverage for defense of a lawsuit alleging the company had violated the Illinois Biometric Privacy Act (BIPA). The ruling in the case,...more
5/24/2021
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Fingerprints ,
IL Supreme Court ,
Insurance Litigation ,
Personally Identifiable Information ,
Policy Exclusions ,
Statutory Violations
Insurers across the nation continue to file motions to dismiss COVID-19 cases brought by policyholders on three primary grounds:
1. there is no” physical loss or damage” to the covered property,
2. there is no “prohibition...more
11/13/2020
/ Business Income ,
Business Interruption ,
Business Losses ,
Civil Authority ,
Commercial Insurance Policies ,
Contract Interpretation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Motion to Dismiss ,
Policy Exclusions ,
Policy Terms ,
Property Insurance
As we wrote about in a recent article, the trends in insurance coverage for COVID-19 related losses are: 1) so far insurers are winning, and 2) the cases are fact intensive and turn on policy and pleading language. As we...more
The stark effects of the coronavirus pandemic are conspicuously clear in downtown Chicago: Shuttered businesses that once catered to throngs of commuters and office workers loom over bare sidewalks, while trains fly by with a...more
Under established Illinois law, an insurer must defend a legal action filed against its insured unless it is clear from the face of the underlying complaint that the allegations fail to state facts which bring the case...more
9/30/2020
/ Appeals ,
Assignments ,
Contamination ,
Contractors ,
Denial of Insurance Coverage ,
Dismissals ,
Drinking Water ,
Duty of Care ,
Duty to Defend ,
Insurance Litigation ,
Negligence ,
PFAS ,
Policy Terms ,
Public Health ,
Reaffirmation ,
Reservation of Rights ,
Statutory Violations ,
Toxic Chemicals
The Illinois Environmental Protection Agency announced on Sep. 14 that it plans to conduct a statewide investigation into the presence of per- and polyfluororalkyl substances (PFAs) in the state’s community water supply....more
9/30/2020
/ Drinking Water ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Government Investigations ,
Illinois ,
PFAS ,
State Regulators ,
Toxic Chemicals ,
Toxic Exposure ,
Water Pollution ,
Water Quality