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
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
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
$25M in Remedial Measures to Prevent Harm Not Property Damage The United States District Court for the Northern District of Illinois, in an opinion by Judge Kendall applying Illinois law, granted summary judgment in favor of three insurers holding the insurers did not have a coverage obligation to a general contractor for a multimillion-dollar settlement award relating to the subcontractor... Read More
