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

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