State Farm Faces Possible Class Action Suit Over ‘Arbitrary’ Adjustment Of Total Loss Claims
State Farm is facing a proposed class-action lawsuit that accuses the nation’s largest auto insurer of systematically underpaying thousands of total loss claims by applying a percentage discount to the value of comparable vehicles to account for ‘typical negotiation.’
March 28, 2022
Auto
Insurance Industry
Illinois
Vehicle Thefts Rise, Carjackings Increase By Triple Digits In Some Large Cities
Major cities across the US have seen an ‘unprecedented’ surge in auto thefts and carjackings in recent years, the National Insurance Crime Bureau (NICB) has warned.<br /><br />Testifying before a US Senate Committee on the issue of car thefts, NICB president and CEO David Glawe spoke not only of the rise in auto theft cases, but also discussed the apparent connection between car stealing and other serious violent crimes.
March 9, 2022
Auto
District Of Columbia
Illinois
Louisiana
New York
Pennsylvania
Family Of Georgia Couple Killed In Train Derailment Sues Amtrak
The family of a Georgia couple who were on a trip celebrating their 50th wedding anniversary when they died in an Amtrak train derailment in Montana has filed a wrongful death lawsuit against Amtrak and BSNF Railway, which owns the tracks.
February 25, 2022
Liability
Litigation
Illinois
Montana
The Illinois Workers’ Compensation Act Does Not Bar An Employee’s Claim Under BIPA
In McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, the Illinois Supreme Court issued an opinion finding the exclusive remedy provisions of the Illinois Workers’ Compensation Act (‘Compensation Act’) 820 ILCS 305/1 et seq. does not bar an employee’s claim for statutory damages under the Illinois Biometric Information Privacy Act (‘BIPA’), 40 ILCS 14/1 et seq.<br /><br />An employee filed a class-action lawsuit against her employer for violating BIPA. Her employer required its employees to use a biometric timekeeping system in order to scan an employee’s fingerprint for purposes of authenticating an employee and tracking their time at work. The employee alleged that her employer never obtained her written consent to store her biometric information or informed her how the information will be stored.
February 24, 2022
Litigation
Workers' Compensation
Illinois
100+ Vehicle Pileup on Icy Illinois Interstate Under Whiteout Conditions
More than 100 cars and semis crashed on a slippery stretch of interstate in central Illinois Thursday, according to state police. The crashes stretched several hundred yards along Interstate 39, local news outlets reported.
February 18, 2022
Auto
Illinois
Illinois Court Finds Notice Requirement Not Applicable to Additional Insured
In West Bend Mutual Insurance Company v. Community United School District 300, 2021 IL App (2d) 210108, the insurer sought a declaration that it had no duty to defend an additional insured, a school district, in connection with several lawsuits filed on behalf of minors.
February 17, 2022
Litigation
Illinois
Lawsuit Filed Against Amazon Over Illinois Tornado Death
Lawyers on Monday filed a wrongful death lawsuit in Madison County, Illinois against online retailer Amazon and two other companies on behalf of the family of delivery driver Austin McEwen, who was killed Dec. 10, 2021, when a tornado struck the Amazon fulfillment center where he was working.
January 18, 2022
Liability
Litigation
Illinois
Did A Recent Court Ruling Doom COVID Biz Interruption MDL?
Nearly 60 lawsuits against Society Insurance suffered a fatal blow this month when a federal appeals court tossed pandemic-related claims for business-income interruption benefits against four other insurance companies, Society’s lawyers at Crowell & Moring and Purcell & Wardrope said in a Monday-night filing in federal court in Chicago.
December 23, 2021
Litigation
Property
Illinois
The 2021-2022 Judicial Hellholes Report
In its recently released annual report, the ATRA identified 8 jurisdictions on its 2021 hellholes list – which, in order, include: (1) California (with the plaintiffs’ bar taking advantage of unique California laws like the Private Attorney General Act); (2) New York City (particularly regarding Americans With Disabilities Act accessibility claims and an activist attorney general battling climate change with energy companies), (3) Georgia....
December 10, 2021
Litigation
California
Georgia
Illinois
Louisiana
Missouri
Ruling Is Instructive Of Biometric-Related Claims And Insurance
As part of the larger trend of invasion of privacy claims asserted by employees or consumers against businesses, several states have recently passed legislation that sets forth requirements for the collection, storing and dissemination of biometric information such as fingerprints, voice recordings and even keystroke patterns.
December 1, 2021
Liability
Litigation
Illinois
New York
Washington
D&O Policy’s Professional Services Exclusion And Contract Exclusion Do Not Bar Coverage For Claims Arising from Trade Show Cancellation
Applying Illinois law, the U.S. District Court for the Northern District of Illinois has held that a D&O policy’s professional services and contract exclusions do not bar coverage for lawsuits seeking damages for fees and expenses paid to the insured in connection with a cancelled trade show.
November 10, 2021
Excess & Surplus Lines
Litigation
Illinois
Some States, Insurers Limit Dog Breed Discrimination For Homeowners Policies
When it comes to homeowners insurance, a lot of policies leave certain ‘aggressive’ dog breeds out in the cold. Now, animal advocacy groups, that’s starting to change. For years, most insurers have limited coverage or downright denied policies to homes in which there’s a dog they deem to be of a potentially dangerous breed.
November 10, 2021
Legislation & Regulation
Liability
Illinois
Nevada
New York
Kemper Offers $17.6M To Settle Data Breach Claims
Kemper Insurance has offered to settle a class action lawsuit resulting from two data breaches in a deal valued at approximately $17.6 million.
October 18, 2021
Litigation
Illinois
Allstate To Sell Chicago Headquarters As Employees Work Remotely
With 95% of its employees working remotely during the pandemic, insurance giant Allstate is selling its longtime Northbrook, Ill. headquarters.
October 11, 2021
Auto
Liability
Property
Illinois
Horse Farm’s Insurer Will Have To Defend An Off-Site Golf Cart Accident
St. Charles Farms, a horse farm and equestrian center in St. Charles, Ill., offered off-site trail riding events on different forest preserves several times a year.
October 8, 2021
Liability
Litigation
Illinois













