N.D. IL / BIPA Duty to Defend
August 2, 2023 | | Insurance Bytes

Exclusions Not Applicable to Bar Personal and Advertising Coverage  The United States District Court for the Northern District of Illinois, in an opinion by Judge Alonso, applying Illinois law, denied an insurer’s motion for judgment on the pleadings, holding that Continental Western Insurance Company (“Continental”) had a duty to defend its insured, Tony’s Finer Foods Enterprises (“Tony’s”), in an underlying... Read More

IL App. 1st Dist. / BIPA 
May 23, 2023 | | Insurance Bytes

Defense Costs Owed under Media Liability Coverage The Appellate Court of Illinois for the First District, applying New York law due to a choice of law provision, held that Certain Underwriters at Lloyd’s London (“Lloyd’s”) had an obligation to pay for defense expenses for its insured, a technology company, in an underlying lawsuit that alleged the insured violated the Illinois... Read More

Fed. Ct. FL / Conflicting Endorsements
May 23, 2023 | | Insurance Bytes

Defense Expenses Exhaust SIR The Southern District of Florida, applying Florida law, held that class action defense expenses incurred by a Florida agricultural business eroded the applicable $1 million self-insured retention (“SIR”) despite the fact that the policy contained another contradictory SIR endorsement.   The coverage dispute arose when US Sugar Corporation (“US Sugar”) successfully defended itself against a class-action lawsuit alleging... Read More