Illinois governor signs BIPA amendment into law
8/8/24
By: Glenn A. Klinger and Jonathan Schwartz
It’s official! The Illinois’ Biometric Information Privacy Act (“BIPA”) now explicitly provides that a private entity who is alleged to have collected or disclosed a covered person’s biometrics more than one time in …
7/25/24
By: P. Betty Su
On June 5, 2024, in Lockner v. Farmers Ins. Co. of Oregon, 333 Or. Ct. App. 27 (2024), Case No. A178057, the Court of Appeals of Oregon decided that a landlord’s “all-risk” property policy did …
7/8/24
By: Donald Patrick Eckler and Shari S. Shelmadine
Patrick Eckler and Shari Shelmadine, of FMG’s Chicago office, prevailed on a matter of first impression in the Court of Appeals of Indiana, arguing that an exclusion in their client’s …
Michigan Supreme Court: No PIP benefits owed where fraud occurs during litigation
6/18/24
By: Jonathan Schwartz and Joshua W. Zhao
In Williamson v. AAA of Michigan, No. 165131, the Michigan Supreme Court held that statements made during the discovery phase of litigation can constitute fraudulent insurance acts under Michigan’s no-fault statute that …
Indiana personal injury plaintiff gets to have her cheddar biscuits and eat them too
6/12/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Red Lobster Restaurants, LLC v. Fricke, No. 23S‐CT‐304, the Indiana Supreme Court held that omission of a lawsuit from a bankruptcy asset schedule does not deprive a plaintiff of standing. …
5/13/24
By: Rachel E. Hobbs
A recent decision by California’s First Appellate District holds that a party seeking Brandt attorney fees thereby waives the attorney-client privilege regarding such fees, although attorney work product protection is not waived. In Byers v. Superior …
HOA’s mistake paves the way for duty to defend under D&O policy for computer fraud claims
5/7/24
By: Nicholas J. Directo and William A. Hadikusumo
In March 2024, the Southern District Court for California in Bridlewood Estates Prop. Owners Assoc. v. State Farm General Ins. Co., 2024 U.S. Dist. LEXIS 47593 (S.D. Cal. Mar. 18, 2024) …
“We’re just sharing a ride, not insurance”
4/30/24
By: Barry M. Miller
More than 65 million passengers (about twice the population of California) used rideshare services in 2021, with projected growth at seven percent each year. Where there are cars and riders, accidents follow, and where there are …
4/25/24
By: Sean C. Harrison and Lorne G. Hiller
In March 2024, the Colorado Supreme Court ruled in Gregory v. Safeco Insurance Company of America, Runkel v. Owners Insurance Company, 2024 WL 1040531, that, as a matter of first impression, …
Indiana Supreme Court refuses to recognize third-party claim for spoliation
4/8/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Safeco Insurance Company of Indiana ex rel Smith v. Blue Sky Innovation Group, Inc., et al., No. 23S-CT-272, the Indiana Supreme Court rejected the request to create a third-party spoliation …
Washington Supreme Court: Beware of the resulting loss exception to the faulty workmanship exclusion
3/19/24
By: Lisa M. Lampkin and Galina Kletser Jakobson
On March 14, 2024, the Washington Supreme Court confirmed that an all-risk policy provides coverage for losses or damages caused by a covered peril, even if an excluded peril causes the covered …
3/14/24
In the matter of Liberty Ins. Corp. v. Johnson, 306 A.3d 1143 (Conn. App. 2023), the Court of Appeals of Connecticut held that a homeowners insurer had no duty to defend insured-parents for actions of …