Is Dissolution a Viable Option for Asbestos Defendants?
If the PDF is not displaying correctly, click here to download the document. Read More
If the PDF is not displaying correctly, click here to download the document. Read More
Steve Hoke is quoted in an article in the cosmetic industry trade publication HBW Insight (Citeline): “J & J Agrees to Pay $700M To Settle Talc Claims With 43 State AG’s.” The article can be accessed here. If you are unable to access the article, Hoke’s article quotes are provided below. “Stephen Hoke, a partner at Chicago-based Hoke LLC – who has experience... Read More
Insurer With Financial Responsibility Has Standing to Object to Kaiser Ch. 11 Reorganization Plan Kaiser Gypsum Co. and its parent, Hanson Permanente Cement, filed a Chapter 11 bankruptcy and submitted a Section 524(g) Reorganization Plan which would channel all present and future asbestos claims into a trust. The debtors proposed plan treated insured and uninsured claims differently. Under the proposed plan,... Read More
Vertical Exhaustion Applies in Continuous Injury Cases; Contribution Dispute between Insurers Remanded The California Supreme Court reversed the appellate court and unanimously held that “vertical exhaustion” applies in the continuous injury context under the standard language found in commercial general liability policies. It concluded that an insured may seek coverage from a first level excess policy upon the exhaustion of... Read More
Extraneous Facts Not Considered and Mention of Gross Negligence Not Enough in Determining Whether Insurer Has a Defense Duty The Appellate Court of Illinois for the First District, in an opinion by Justice Lyle applying Illinois law, held that State Auto Property & Casualty Insurance Company (“State Auto”) had no duty to defend its policyholder, Distinctive Foods, LLC (“Distinctive”), under... Read More
“Access or Disclosure” Exclusion Precludes Coverage for BIPA Lawsuits, But “Violation of Laws,” “Data Breach” and “ERP” Exclusions Do Not The United States Court of Appeals for the Seventh Circuit, in an opinion written by Judge Easterbook, affirmed two lower court decisions concerning the scope of an insurer’s duty to defend its insured against allegations of the insured’s violations of... Read More
BIPA Statutory Overview Courts Interpret BIPA Liability and Damages Broadly Insurance Available for BIPA Claims BIPA Statutory Overview The Illinois Biometric Information Privacy Act (“BIPA”) presents substantial potential liability to any company doing business in the state. It provides for draconian damages for the use of biometric information that is commonplace in other states. Because Illinois’ BIPA statute is unique in that it... Read More
Steve has been named as a Super Lawyer every year since 2008. Collectively, Hoke Partners have been designated Super Lawyers for a combined twenty years. Super Lawyers is a Thomson Reuters business, is a rating service of outstanding lawyers from over 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made... Read More
Best Lawyers designated Hoke LLC as a 2024 Tier One Insurance Firm. Best Lawyers is a national peer-reviewed publication company. It annually selects the best law firms in their respective fields of practice through a peer review process that includes evaluations by clients and leading attorneys. Tier One is the highest designation of the three available tiers. Steve Hoke and... Read More
Violation-of-Law Exclusion Bars Coverage for BIPA Claim; Estoppel Does Not Apply The Illinois Appellate Court for the First District, in an opinion written by Judge Ellis, applying Illinois law, declined to follow a recent decision from the Seventh Circuit and determined that there were no coverage obligations for an underlying claim asserting violations of the Biometric Information Privacy Act, 740... Read More