Models’ Negligence Allegations against Strip Club Triggers Duty to Defend The United States District Court for the Northern District of Illinois, in an opinion written by Judge Feinerman, applying Illinois law, granted, in part, Triple Location LLC’s motion for summary judgment as to its insurer First Mercury Insurance Company’s (“First Mercury”) duty to defend. The underlying case concerns three models who... Read More

The United States Court of Appeals for the Seventh Circuit, in an opinion by Judge Kanne, interpreting §155 of the Illinois Insurance Code (bad faith), reversed the decision of the district court following a bench trial and instructed the lower court to dismiss the §155 claim in this “admittedly atypical” case. Creation Supply, Inc. (“CSI”), a seller of writing markers,... Read More

Disclosure to 3rd Party a “Publication” – “Violation of Statute” Exclusion Inapplicable The Illinois Supreme Court, in an opinion written by Justice Neville, applying Illinois law, affirmed the lower courts’ rulings and held that the insurer had a duty to defend claims for violations of the Biometric Information Privacy Act (“BIPA”) because the disclosure of fingerprint data to a third... Read More

Corporate Successor to OneBeacon, Commercial Union, Employers Fire, et al. The Bedivere Insurance Company, f/k/a OneBeacon Insurance Company, Commercial Union Insurance Company, et al. (collectively “Bedivere”) was placed into liquidation by the Pennsylvania Commonwealth Court on March 11, 2021, following a Petition for Liquidation filed by the Insurance Commissioner of the Commonwealth of Pennsylvania. All claims and litigation against Bedivere... Read More

COVID Business Interruption Claim Survives Motion to Dismiss Courts remain divided as to whether insureds’ business interruption lawsuits stemming from COVID-19 closures have made allegations of fact sufficient to survive a 12(b)(6) or analogous state court motion to dismiss. Recently, the United States District Court for the Western District of Missouri, applying Missouri law, on the one hand, granted Lexington... Read More

Contractor Entitled to Coverage as Additional Insured on Subcontractor’s Policy A New York Appellate Court upheld the lower court’s ruling that Pofi Construction Corporation (“Pofi”), the general contractor on a repair and maintenance projection for the subject building in Manhattan, was an additional insured under a policy Rutgers Casualty Insurance Company (“Rutgers”) issued to Pofi’s subcontractor for the restoration of... Read More

Business Interruption Coverage Barred by Virus Exclusion The United States District Court for the Northern District of Illinois, in an opinion by Judge Kocoras, applying Illinois law, dismissed with prejudice Plaintiffs’ suit against West Bend Mutual Insurance Company (“West Bend”) seeking coverage for business interruption losses stemming from the COVID-19 pandemic. The court found that the underlying policy’s “Virus Exclusion”... Read More

Policyholder has Burden to Prove Exception to Exclusion Applies The Illinois Appellate Court for the Fifth District, on an issue of first impression, in an opinion written by Justice Boie with Justices Cates and Moore concurring, applying Illinois law, affirmed the decision of the circuit court holding that it is the insured’s burden to prove that its claim falls within... Read More

“Mechanical Device” Exclusion Bars Coverage for Grain Auger Accident The Supreme Court of Illinois, in an opinion written by Justice Michael Burke with Chief Justice Anne Burke and Justices Garman, Karmeier, Theis, and Neville concurring reversed the appellate court and affirmed the circuit court’s finding of summary judgment for State Farm Insurance Company (“State Farm”) finding that the “mechanical device”... Read More

Amazon Not a Seller When Third-Party Sellers Involved The Ninth Circuit, applying Arizona law, affirmed the District Court’s ruling of summary judgment in favor of Amazon.com, Inc. and Amazon.com (jointly, “Amazon”) regarding State Farm Fire and Casualty Co.’s (“State Farm”) subrogation claims for strict liability and negligence.  The Ninth Circuit held Amazon is not a seller of products sold on... Read More