Claims Journal Interviews Tae Andrews on Latest Development in Insurance Coverage for BIPA Claims
In an interview with Claims Journal, Senior Managing Associate Tae Andrews discussed the recent ruling in National Fire Insurance Co. of Hartford v. Visual Pak Co., which analyzed insurance coverage for a BIPA lawsuit under a general liability insurance policy. In particular, the decision interpreted a policy exclusion for Recording and Distribution of Material or Information in Violation of Law, which is part of an ongoing legal debate in a hotly contested area of insurance law.
Andrews explained that because BIPA suits can involve thousands of class-action plaintiffs and settlements extending well into the hundreds of millions of dollars and beyond, the stakes are so high that insurers and insureds are poring over every word in insurance policies to find arguments as to whether coverage is available. “The wording of exclusions is crucial,” he commented. “Every single word matters.”
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