Following the Illinois Supreme Court’s 2021 ruling in West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978, which we covered in detail, a Chicago-based federal court recently handed another insurance coverage victory to businesses facing
Tech Risk Report
Protecting Innovative Companies Against 21st Century Risks
Tech Risk Report, published by Perkins Coie LLP, focuses on legal developments and insurance coverage issues related to technology risks. The blog covers topics such as biometric information privacy litigation, particularly under the Illinois Biometric Information Privacy Act (BIPA), insurance disputes involving general liability policies, and business interruption claims arising from events like the COVID-19 pandemic. It also addresses regulatory and court decisions impacting technology companies and policyholders, including coverage interpretations for communicable disease clauses and data privacy concerns. The blog provides updates on litigation trends, insurance coverage battles, and regulatory guidance relevant to technology-driven risks and their legal implications.
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Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies
Businesses operating in Illinois have faced thousands of lawsuits arising under the Illinois Biometric Information Privacy Act (BIPA), leading to hundreds of cases and related insurance claims. Insurance companies have aggressively denied coverage for these claims and filed litigation seeking…
FCA Case Provides a Win for Policyholders and Vindicates the Concept of Expedited Generalized Rulings for Small Businesses
By Jim Davis
As previously reported in this blog, the U.K. Financial Conduct Authority (FCA) brought a case against a variety of insurers under 21 policy wordings seeking clarification of sample clauses because the carriers refused to pay any U.K. claims relating to…
COVID-19 Business Interruption Litigation: Lessons Learned So Far
By Jim Davis & Bradley Dlatt
Since the beginning of the COVID-19 pandemic, hundreds of businesses of all sizes have been forced to file lawsuits against their property insurers for failing to honor their contractual obligations to provide business interruption, extra expense, civil authority, and other…
Higher Education COVID-19 Losses: Property and Business Interruption Insurance Policies Should Provide Relief
Due to the COVID-19 pandemic, institutions of higher education are facing significant revenue challenges and incurring extra expenses for which their insurance programs should provide relief. Potentially covered sources of loss and damage include (1) efforts to make buildings safe…
On the Discoverability of Virtual Meetings
In 1964, futurist Arthur C. Clarke predicted that in 50 years, people “will no longer commute—they will communicate.” For a significant portion of the American workforce, the future is now. COVID-19 has fundamentally changed how we communicate: The virtual meeting…
UK COVID-19 Business Interruption Disputes Process May Offer Guidance to US Policyholders
By Jim Davis & Bradley Dlatt
The insurance industry in the United States continues to thwart legislative solutions for disputed COVID-19-related losses under property/business interruption policies and resists efforts to group lawsuits together into multi-district federal litigation or class actions. Meanwhile, the independent regulator of insurers…
Podcast Series: Key Insurance Considerations Amid COVID-19
By Perkins Coie
In the latest episode of the podcast series Insurance Considerations Amid COVID-19, we are joined by Deborah White, president of the Retail Litigation Center (RLC) and senior executive vice president and general counsel of the Retail Industry Leaders Association (RILA).…
Key Issues to Consider When Contemplating a Switch From an Occurrence-Based to a Claims-Made General Liability Insurance Program
General liability coverage is insurance that responds to sums that the policyholder is legally obligated to pay as damages because of bodily injury or property damage to third parties (and generally will also include either a duty to defend such…
United States vs. Europe: How Insurers Have Responded to Business Interruption Claims Related to COVID-19
By Jim Davis & Molly Mitchell
As the COVID-19 pandemic spreads across the globe, countries have by and large placed limitations on how certain businesses can operate and have required other businesses to temporarily cease operations altogether. Businesses impacted by these restrictions have suffered substantial financial…