John Vishneski

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Court’s denial of employment liability coverage for Biometric Information Privacy Act litigation should not discourage policyholders

Although the policyholder bar has previously had success obtaining coverage for Biometric Information Privacy Act (BIPA) litigation under an employment practices liability (EPL) policy, insurers recently notched a win by convincing a court to deny EPL coverage for an employee-based BIPA class action.  In Church Mutual Insurance Company v. Prairie Village Supportive Living, LLC, the … Continue Reading

You’ve been sued: An insurance attorney’s top tips for securing (and preserving) coverage

Do not assume insurance coverage is unavailable   Today’s insurance market is complex.  It encompasses a wide range of insurance policies covering all manner of events and circumstances.  Beyond more traditional coverage for personal injury or property damage (under commercial general liability (CGL) policies), companies now routinely purchase Directors & Officers (D&O) policies, Errors & Omissions … Continue Reading

Looking beyond “Physical Damage to Property”: Is Marina Pacific Hotel a winning framework for policyholders?

It’s no secret that businesses of all shapes and sizes have suffered tremendous losses during the COVID-19 pandemic. From closures to the “Great Resignation” to ever-changing consumer demands, businesses have dealt with one problem after another. One of those problems is the denial of insurance coverage under  “all risk” commercial property policies. For the last … Continue Reading

Pet insurance: Proposed model rules may afford better protection to paw-licyholders

Pet insurance is becoming a popular choice for pet owners, fueled by an increase in pet ownership during the pandemic, advancements in veterinary medicine, and a growing recognition that pets (or “companion animals”) are members of the family. Although the pet insurance industry is accelerating at a record pace, many owners have been irritated by … Continue Reading

Recent opinions provide support for insureds seeking coverage for BIPA claims

Since the Illinois Supreme Court’s ruling that class actions alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”) trigger general liability coverage, the focus of BIPA coverage litigation has shifted to the applicability of three exclusions often found in general liability policies: (1) the Employment Related Practices exclusion, (2) the Violation of Statutes exclusion, … Continue Reading

Representations and warranties insurance: I have a breach; what’s next?

When acquiring another entity, many companies purchase representations and warranties (R&W) insurance to cover losses due to breaches of representations and warranties in purchase agreements. These R&W policies may apply in excess of a seller indemnity or, if the acquired entity has been resold, there may be separate lines of coverage for multiple acquisition agreements … Continue Reading

Employment-related practices exclusions and Biometric Information Privacy Act litigation

In West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978, the Supreme Court of Illinois held that coverage existed for a class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA) under the terms of a general liability policy. Although a win for the policyholder bar, the precedential value … Continue Reading

Music to my ears: Coverage considerations for musical instrument insurance (Part II of II)

Part II: exclusions, considerations, filing a claim, and tips This is the second part of a two-part blog series titled, “Music to my ears: Insurance coverage for musical instruments”. Part I covers policy options. Professional and amateur musicians alike can purchase insurance to cover their instruments. Musical instrument policies are subject to exclusions and requirements, … Continue Reading

Music to my ears: Coverage considerations for musical instrument insurance (Part I of II)

Part I: Policy options This is the first part of a two-part blog series titled, “Music to my ears: Insurance coverage for musical instruments”. Part II covers exclusions, considerations, filing a claim, and tips. Musical instruments can cost significant sums running from a few hundred or thousand dollars to a million dollars or more. And … Continue Reading
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