Insurers' BIPA Claim Coverage Denials Lack Merit

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.[1]

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.[2]

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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