Angela Elbert, chair of the firm's Insurance Policyholder practice group and a member of the firm’s Executive Committee, was quoted recently in the Law360 article “Biggest General Liability Rulings in the First Half of 2022.” Elbert pointed to four recent cases in which the courts ruled in favor of policyholders regarding BIPA matters. Of the cases, the most significant one was the March 1 ruling in Citizens Insurance co. of America et al. v. Thermoflex Waukegan LLC et al.
Elbert referred to the ruling as a “trifecta win” because the court found none of the three exclusions relied upon by the carrier applicable. She further elaborated:
"These cases can put companies out of business, and there is now a cottage industry for the plaintiff lawyer’s bar to go after every company they possibly can. Obviously, insurance coverage is really important for policyholders to pursue, and general liability is coverage that they’ve been spending a lot of money on premiums for."