On March 22, 2024 an Indiana Federal Judge affirmed an historic $112 million punitive damages jury verdict – the largest punitive damages award ever handed down in a property damage insurance case.   Indiana GRQ, LLC v. American Guarantee and Liability Insurance Company, Case No. 3:21-CV227 DLR (N.D. Indiana 2024).  Miller Friel tried the case on behalf of Indiana GRQ, a commercial policyholder who had plans to bring an historic Studebaker manufacturing plant in South Bend Indiana back to its former days of glory.  A vision that was abruptly cut short in 2016 when a 100-ye ..read more

An Illinois federal court issued a milestone decision on Oct. 19 holding that an employment practices liability (EPL) policy covered two underlying Biometric Information Privacy Act (BIPA) claims. The decision confirms that EPL policies require insurers to provide a defense against BIPA claims and stands as the second major win for policyholders facing biometric-data claims this year. In Twin City Fire Ins. Co. v. Vonachen Servs. Inc., the policyholder faced two underlying lawsuits alleging BIPA violations. The employees alleged the policyholder violated BIPA by using a time-tracking system t ..read more

Insurance Coverage — Travis Scott Performs In the wake of the recent tragic events at the music festival, Astroworld, in which at least 10 people lost their lives and hundreds more were injured, the festival’s insurers should honor their coverage obligations and defend and resolve the lawsuits that have already begun to accrue.[1] But, insurance coverage for the Astroworld tragedy will be an issue. No small amount of blame for the Astroworld tragedy has been laid at the hands of the festival’s showrunner, Travis Scott. Characterizations of Scott’s past statements and the often-chaotic nature o ..read more

A recent decision from the U.S. Court of Appeals for the Fifth Circuit spotlights an issue that has tremendous importance for policyholders: how to calculate the applicable deductible under property insurance policies where that deductible is presented as a percentage of the risk insured. Depending on how the deductible is calculated, a policy may provide millions of dollars in coverage — or none at all. In McDonnel Group LLC v. Starr Surplus Lines Insurance Co., the Fifth Circuit grappled with the question of how to calculate a flood deductible under builder’s risk policies.[1] The decision ..read more

Miller Friel attorney Tae Andrews was selected for inclusion in the Second Edition of Best Lawyers: Ones to Watch, for Insurance Law.  Using peer-review methodology, the award recognizes lawyers for outstanding professional excellence in private practice.  This is the second year in a row Tae has been named as one of Best Lawyers’ Ones to Watch.  Tae Andrews — Recognized as One to Watch in Insurance Law by Best Lawyers The post Miller Friel Attorney Recognized as One to Watch for Insurance Law by Best Lawyers appeared first on Miller Friel Insurance Coverage Blog ..read more

Miller Friel attorney Tae Andrews recently published a Practice Note with Thomson Reuters Practical Law on Insurance Coverage for Biometric Data Privacy Claims.  Tae’s Practice Note can be viewed here. The post Insurance Coverage for Biometric Data Privacy Claims appeared first on Miller Friel Insurance Coverage Blog ..read more

The Supreme Court of Illinois recently handed down a monumental decision in West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan Inc. confirming that commercial general liability, or CGL, policies cover claims brought against policyholders for alleged violations of Illinois’ Biometric Information Privacy Act, or BIPA. The ruling has widespread implications for other policyholders with similar coverage for personal and advertising liability and represents a critical victory under so-called silent cyber coverage, affirming that insuring policies do not have to include magic words to cover B ..read more

Who is Winning the Covid-19 Insurance Coverage Fight? It depends on where the lawsuits are being decided. In state court, policyholders are winning roughly one half to three quarters of all lawsuits filed. The one half number is for lawsuits containing virus exclusions, and the three quarters number is for lawsuits without a virus exclusions. Federal courts, however, are much more favorable to insurers. The result — insurance carriers are fighting to have federal courts decide Covid-19 cases. Statistics, however, do not explain everything.   Policyholders need to look deeper into th ..read more

As several companies have learned the hard way over the past few months, many things can result from having a presence on social media — and a lot of them aren’t good for business. Social media presents necessary but treacherous terrain for companies: Many brands must maintain an active presence to remain relevant and compete in the marketplace, but misuse, or even perceived misuse, presents hazards that can attract U.S. Securities and Exchange Commission investigations and shareholder lawsuits. A recent lawsuit, filed against Tesla Inc. on March 11, showcases the legal perils that can follow ..read more

Covid 19 Insurance Decisions Now Favor Coverage This March marks the unofficial one-year anniversary of the ongoing COVID-19 pandemic, which has caused widespread financial ruin to businesses across the United States. In their hour of greatest need, thousands of these companies turned to their commercial property insurers—only to receive across-the-board coverage denials. Some policyholders filed coverage lawsuits, but by taking advantage of pleading deficiencies, insurers managed to score some early wins, which they used to support their false narrative that property policies do not cover bus ..read more