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Insurance Coverage Notes and Developments

Posts by Lewis K. Loss

Photo of Insurance Coverage Notes and Developments Lewis K. Loss
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Showing 2 posts by Lewis K. Loss.

Federal Court Rejects Effort to Skirt a Policy’s Claims-Made-and-Reported Requirement

While courts on some issues may seem bent on finding coverage, there are some notable exceptions. Courts generally have faithfully applied claims-made-and-reported provisions even when an insured has had continuous coverage. An Arkansas federal district court recently did just that when it concluded that a school district failed to give its insurer timely notice of a claim under consecutive claims-made-and-reported policies. Read More ›

All Stop: Ruling on the Applicability of Exclusion to BIPA Claims Delayed

The fallout from the Illinois Supreme Court’s January 25, 2019, opinion in Rosenbach v. Six Flags Entertainment Corp., 19 IL 12316, continues. Rosenbach settled the dispute of who qualifies as an “aggrieved person” under the Illinois Biometric Information Privacy Act (“BIPA”), and in doing so opened the floodgates for this litigation to proliferate. The immediate result was a sharp increase in the filing of BIPA class actions as well as the lifting of stays of the numerous cases pending that were awaiting the Rosenbach ruling.  Read More ›