Policyholder May Select Which Concurrent Excess Insurer Must Pay Indemnity Post-Settlement, Summarizing Existing Liberal IL Selective Tender Rights The United States District Court for the Northern District of Illinois, in an opinion written by Judge Alonso, applying Illinois law, upheld an insured’s right to “target tender” to a particular insurer to pay a settlement. In the instant case, two insurers—Acuity... Read More

Charlie Philbrick Joins Hoke LLC as Partner: “Charlie’s Long Record of Successful Policyholder Recoveries is a Perfect Fit with the Hoke Team. Read More » N.D. Ill / BIPA: ERP Exclusion Bars Coverage for BIPA Allegations Against McDonald’s Operator. Read More » COVID CASE TRACKER: 7th Cir. Affirms Dismissal of Six Claims. Read More » IL App 1st / Misrepresentation:... Read More

Products and Completed Operations Hazard Exclusion Doesn’t Bar Take-Home Asbestos Case The Court of Appeals of South Carolina, applying South Carolina law, affirmed the circuit court’s order granting partial summary judgment to the insured, Covil Corporation, holding that the insurer, Pennsylvania National Mutual Casualty Insurance Company (“Penn”), owed coverage for take-home asbestos exposure claims. Covil, now defunct and acting through... Read More

No Rescission of Renewal Policy after Single Policy Term The Appellate Court of Illinois, First District, in an opinion written by Justice Pucinski, applying Illinois law, affirmed the Circuit Court’s dismissal of an insurer’s motion for summary judgment, holding that the Illinois Insurance Code precluded the insurer, United Equitable Insurance Company (“UEIC”), from rescinding an insurance policy despite material misrepresentations... Read More

Barbeque Restaurants Failed to Allege Direct Physical Damage The United States Court of Appeals for the Fifth Circuit, applying Texas law, affirmed the District Court’s dismissal of two insured restaurants’ claims for coverage in the wake of government shutdowns resulting from the COVID-19 pandemic. The Fifth Circuit instead held that the insureds, Terry Black’s Barbeque L.L.C. and Terry Black’s Barbeque... Read More

No Business Income Coverage for Art Gallery and Dealership The United States Court of Appeals for the Second Circuit, applying New York law, affirmed the District Court’s dismissal of a claim for coverage made by a brick-and-mortar art gallery and dealership, holding that the art gallery suffered no direct physical harm as a result of New York’s statewide shutdown orders... Read More

The United States Court of Appeals for the Seventh Circuit, applying Illinois law, joined four other U.S. circuits in dismissing various insureds’ claim for coverage for losses stemming from the COVID-19 pandemic. In doing so, the Seventh Circuit held that the plaintiffs failed to adequately allege physical damage or loss caused by the coronavirus and that several exclusions, discussed... Read More

The United States District Court for the Northern District of Illinois, Eastern Division, in an opinion written by Judge Leinenweber, applying Illinois law, granted American Family Mutual Insurance Company’s (“American”) motion for summary judgment, holding that the insurer owed no coverage to the insured for alleged violations of the Illinois Biometric Information Privacy Act (“BIPA”). The insured, the operator... Read More

Insurer Requirement of Evidence of Functional Limitations Reasonable in Determining Applicability of Self-Reported Symptoms Limitation The United States Court of Appeals for the First Circuit, applying federal law, affirmed the district court’s grant of summary judgment to the insurer Unum Life Insurance Company of America (“Unum”), finding that its application of a plan’s self-reported symptoms (“SRS”) benefit limitation when faced... Read More

Negligence Claims Remain in State Court Despite Nursing Homes’ Defense Based on Federal PREP Act The United States Court of Appeals for the Third Circuit, applying federal law, affirmed the district court’s dismissal of negligence and wrongful-death claims for lack of subject-matter jurisdiction, remanding the cases back to state court. The negligence and wrongful death complaints stemmed from the deaths... Read More