Law360 (September 29, 2020, 6:02 PM EDT) -- Recently in American Family Mutual Insurance Co. SI v. McEssy Investment Co., an insurer filed an action seeking a declaration that it does not have to defend its insured against an underlying class action brought under Illinois's Biometric Information Privacy Act.
This lawsuit joins a growing trend of similar actions brought by insurers seeking to escape from their contractual obligations and abandon their insureds in their hour of greatest need.
In some cases, the insurer agrees to defend under a reservation of rights, meaning that the insurer will provide a temporary defense, while actively working behind the scenes to shirk or...
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