Category: Insurance Law
Umbrella Insurer Obligations under BIPA: Thermoflex Waukegan LLC v. Mitsui Sumitomo Insurance USA Inc.
Umbrella insurance policies provide excess liability above the limits of one’s typical insurance policy. Umbrella insurers cover any incidents that are not specifically excluded, such as some professional or business activities or any liabilities you agree to assume. On May 17, 2024, in Thermoflex Waukegan LLC v. Mitsui Sumitomo Insurance USA Inc., the 7th Circuit
Healthcare & Insurance New Laws
P.A. 103-0123 (HB 1384) (Rep. Cassidy, Sen. Loughran Cappel) – RECONSTRUCTIVE SERVICES This new law provides that a managed care plan that is altered, presented, issued or renewed on or after January 1, 2025 may not refuse coverage for medically necessary services reconstructive services that are intended to restore physical appearance. Illinois Municipal League took
Illinois Supreme Court Expands Insurance Coverage for Construction Defects
In a recently issued opinion of the Illinois Supreme Court concerning insurance coverage for construction defects, the Court held that insureds under standard Commercial General Liability (CGL) insurance policies may now be covered for claims involving inadvertent defective construction. In other words, contractors and construction companies can now receive coverage for claims involving damage to
Three Steps To Mitigate Contractual Exposures
As business relationships, supply chains, and operations evolve, contract language must continue to align with contractual obligations and insurance policy terms. Otherwise, companies can find themselves being held liable for massive uninsured losses. According to a 2020 Ponemon Institute study regarding cyber events, 59% of companies have experienced contractual exposures caused by one of their
Business Interruption and Civil Authority Insurance
Client Alert: Business Interruption and Civil Authority Insurance Provisions in the Wake of COVID-19 Following the restrictions imposed limiting crowd sizes and shuttering companies’ operations across seemingly every industry, business owners are turning to their insurance coverage policies for guidance in navigating these difficult and uncertain times. One possible aid to business owners facing new
Insurance Policy Doesn’t Pay for Death Involving Autoerotic Asphyxiation
The 7th U.S. Circuit Court of Appeals recently held that a death resulting from an intentionally self-inflicted injury was excluded from coverage under its insurance policy. A man had strangled himself while performing autoerotic asphyxiation, the act of intentionally cutting off oxygen to the brain for sexual pleasure. A medical examiner had determined the cause
Timely Notice on Insurance Policy Is Equally Important for Additional Insureds
It’s well known by many insurance policyholders that the named insured on a policy must give timely notice of an insured loss to an insurance company or risk having the claim denied. However, the Illinois Appellate Court recently held that a policy’s additional named insured must also give timely notice to the insurer of both
Insurance Policy Exclusions: When an Employee Isn’t an “Employee”
Insurance policies are as much a part of everyday life as death and taxes. With homeowners’ policies, automobile policies, general commercial liability policies, and many others, individuals and businesses often operate with a sense that they are protected against every kind of mishap. However, insurance companies continually limit the scope of the coverage they will
Illinois Statute Tolls Time to File Insurance Claims
Many insurance policies limit the time an insured can bring a suit against its insurance provider. Generally speaking, these clauses prevent the insured from bringing a lawsuit against the insurance company if the suit falls outside of the timeframe allowed by the policy. However, Illinois has passed a law that may allow claims to proceed
Think Your Commercial General Liability (“CGL”) Insurance Protects You From a Cyber-Attack? Think Again.
As the world around us becomes increasingly ever connected, the risk of a data breach of your computer system increases significantly. Instances of corporate data breaches are in the headlines more often that even before. From the unprecedented hacking of Sony Entertainment just over a year ago, to the very recent hacking of Hollywood Presbyterian