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Spoliation By Insurer Can Destroy Subrogation Potential

Insurance companies, third-party adjusting companies, and subrogation vendors are increasingly undertaking subrogation investigation at an early stage of a claim’s life. Understanding that early recognition and action on third-party recovery potential is often won or lost in the first few days following an insurance claim or loss, companies are learning to obtain and retain key evidence necessary for proof of its subrogation case against a third party.
March 1, 2022 Litigation Subrogation




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.

Social Litigation: Fess Up Or Pay

Climate-related lawsuits like those filed against energy companies Exxon Mobil Corp., Shell Plc and PG&E Corp. have dominated ESG litigation in recent years. But there are signs an increase in cases extending beyond the environmental pillar of ESG may be coming.
February 23, 2022 Litigation

Florida Woman Awarded $16M From Insurer After Injurious Car Collision

Jessica Long, 29, was in standstill traffic in her vehicle on Interstate 95 in Jacksonville on Dec. 15, 2018, when Virjona Gjuraj, driving a Honda, collided with the back of her car. After a lengthy legal battle that began in October 2019, a Duval County jury awarded Long a $16.4 million verdict against her insurance company, Travelers Home and Marine Insurance.
February 21, 2022 Auto Litigation Florida

Order Out of Chaos

Insurance claims resulting from catastrophic weather are at an all-time high. Events such as wildfires, hurricanes, and floods caused 39% of home insurance claims in 2020. In 2021, the trend continued.
February 21, 2022 Litigation Property