There is little dispute that the Illinois Biometric Information Protection Act (“BIPA”) is a unique privacy law to the extent that it creates a private cause of action for any failures to notify individuals before their biometric information is collected and stored. That is, BIPA potentially creates a liability regardless of whether there was a breach of private information. Further complicating matters is the fact that many data collectors that qualify as “financial institutions” or…
Everything Needed by Insurance Claims Lawyers, Executives and Adjusters To assist the insurance industry in its efforts to avoid the tort of bad faith Barry Zalma, Esq., CFE, an insurance coverage and claims consultant, has created a library of insurance claims books and internet based training programs to make it possible for insurers to develop a claims staff of insurance claims professionals. Insurers must bring a new crop of graduates into the insurance profession. Since…
Although Discoverable in Bad Faith Case not Discoverable in Breach of Contract Suit Bifurcation of Contract and Bad Faith Suit Protects Privileges When an insured sues an insurer for breach of contract and bad faith the insurer will often seek an order bifurcating the two issues since, if the insurer wins on the breach of contract action there is no need for trial of the bad faith claim. Even in a case where the court…