For years, the Illinois Supreme Court and the U.S. Court of Appeals for the Seventh Circuit were in lockstep in protecting corporate policyholders from overreaching insurers looking to avoid BIPA liability. Recently, however, the Seventh Circuit strayed from that in Thermoflex Waukegan, LLC v. Mitsui Sumitomo Insurance USA, Inc., ruling on the applicability of several general liability policy exclusions to BIPA lawsuits with mixed results for policyholders.
