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.
Lew Loss is a Member in Dykema's Washington, D.C. office, and serves as Co-Director of the Firm's Insurance Industry Practice Group. Lew has been actively engaged in the private practice of law for over thirty-five years. He serves as advisor and advocate for a diverse and growing group of valued clients. Chambers USA reports that "clients agree that Lew displays judgment and strategy of the very highest caliber."
Lew devotes a very substantial portion of his practice to the representation of liability insurers. He frequently is called upon by insurers to provide advice and counseling with respect to complex coverage issues involving a broad array of insurance products.
Lew has represented insurers in disputes all across the country and has successfully litigated cases in both federal and state court in numerous jurisdictions on behalf of insurer clients. He also is regularly called upon to serve as monitoring counsel, assisting his clients to navigate difficult claims to desirable outcomes. Lew has very extensive experience in the use of ADR processes to resolve disputes. His writings on issues of interest to liability insurers have been published in national periodicals, and he has spoken on a variety of issues at professional symposia as well.
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.
Continue Reading All Stop: Ruling on the Applicability of Exclusion to BIPA Claims Delayed