Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), has been a fertile source of litigation against Illinois businesses for several years now. The targets of such lawsuits turned to their insurers for...more
When disaster strikes your business or a lawsuit is filed against you in responding to the crisis, it is easy to overlook the existence of insurance that may reimburse you for the associated expenses and damages. A delay in...more
The COVID-19-related business interruption coverage case of Taps & Bourbon on Terrace, LLC v. Underwriters at Lloyds London, et al., pending in the Philadelphia County Court of Common Pleas, may represent a growing trend all...more
There have been many decisions in recent months in cases involving business interruption coverage for losses caused by the SARS-CoV-2 virus and the disease it causes, COVID-19. Some decisions have been favorable to coverage,...more
Two recent decisions by courts denying motions to dismiss brought by insurers against insureds seeking COVID-19 business interruption coverage could be harbingers for other such decisions due to their focus on the...more
On June 5, 2020, we issued a Client Alert regarding insurance coverage for property damage and business income losses that businesses may have suffered due to recent incidents in cities across the country. On June 8, 2020,...more
There have been unfortunate incidents of property damage to businesses across the nation. Part of the process of assessing the damages and losses is securing insurance coverage. Fortunately, most commercial property policies...more
On March 16, 2020, we issued a Client Alert regarding COVID-19 impacts and losses. Now, several states, counties and municipalities across the United States have issued "stay at home" or "shelter in place" orders mandating...more
Media outlets recently reported that Barbara Corcoran, one of the judges on the popular ABC show "Shark Tank," was the victim of a "spear phishing" scam....more
3/11/2020
/ Cyber Attacks ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Email ,
Hackers ,
Information Technology ,
Liability Insurance ,
Personally Identifiable Information ,
Phishing Scams ,
Scams ,
Social Engineering
Media outlets recently reported that Barbara Corcoran, one of the judges on the popular ABC show “Shark Tank,” was the victim of a “spear phishing” scam. See, e.g.,...more
3/3/2020
/ Computer Fraud Insurance ,
Consumer Insurance Products ,
Cyber Attacks ,
Cybersecurity ,
Email ,
Entertainment Industry ,
Financial Institutions ,
Fraudulent Transfers ,
Phishing Scams ,
Social Engineering ,
Wire Transfers
I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting: surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to...more
11/15/2019
/ Bad Faith ,
Breach of Implied Contract ,
Calculation of Damages ,
Common Law Torts ,
Covenant of Good Faith and Fair Dealing ,
Damage Caps ,
Damages ,
Insurance Litigation ,
Insurance Regulations ,
Policy Terms ,
Preemption ,
State and Local Government ,
Statutory Interpretation ,
Surplus Lines Insurance
On September 23, 2019, the Seventh Circuit acknowledged a common problem with Errors & Omissions (“E&O”) insurance for professional services by finding that an overbroad breach of contract exclusion rendered coverage...more
9/28/2019
/ Appeals ,
Blue Pencil Contract Modification ,
Breach of Contract ,
Denial of Insurance Coverage ,
Design Professionals ,
Errors and Omissions Policy ,
Illusory Contracts ,
Industrial Design ,
Insurance Litigation ,
Policy Exclusions ,
Professional Services Companies ,
Reasonable Expectation of Coverage
It is rare for the federal courts of appeals to grant petitions for rehearing. See Hon. R. Arnold, “Why Judges Don’t Like Petitions for Rehearing,” 3 J. App. Prac. & Proc. 29 (2001). Current statistics are a bit hard to find,...more
In Caterpillar, Inc. v. Century Indem. Co., et al., 2019 IL App (3d) 190032, the Illinois Appellate Court, Third District, issued an opinion that highlights the need for parties to carefully consider alternate dispute...more
On July 11, 2019, in Magnetek, Inc. v. The Travelers Indem. Co., Case No. 17 C 3173, Judge Robert Gettleman of the Northern District of Illinois issued an important decision preserving insurance coverage for a former...more