For years, the Illinois Supreme Court and the U.S. Court of Appeals for the Seventh Circuit were in lockstep in protecting corporate policyholders from overreaching insurers looking to avoid BIPA liability. Recently, however, the Seventh Circuit strayed from that in Thermoflex Waukegan, LLC v. Mitsui Sumitomo Insurance USA, Inc., ruling on the applicability of several general liability policy exclusions to BIPA lawsuits with mixed results for policyholders.

Read the full Update here.

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Photo of Jim Davis Jim Davis

Jim Davis is a leading national policyholder litigator and counselor who solves insurance coverage issues for his clients every day. During his more than 26-year career, Jim has helped clients recover billions of dollars by negotiating improved policy language, navigating complex insurance claims…

Jim Davis is a leading national policyholder litigator and counselor who solves insurance coverage issues for his clients every day. During his more than 26-year career, Jim has helped clients recover billions of dollars by negotiating improved policy language, navigating complex insurance claims to avoid litigation, and successfully prosecuting lawsuits in courts around the country.

Photo of Bradley Dlatt Bradley Dlatt

Bradley Dlatt counsels corporations on complex insurance coverage matters, including analyzing insurance policies and assisting with policy placement and renewals. Bradley has represented corporate policyholders in insurance coverage disputes concerning, among other areas, directors and officers liability, government investigations, toxic tort liability, antitrust…

Bradley Dlatt counsels corporations on complex insurance coverage matters, including analyzing insurance policies and assisting with policy placement and renewals. Bradley has represented corporate policyholders in insurance coverage disputes concerning, among other areas, directors and officers liability, government investigations, toxic tort liability, antitrust litigation, environmental liability, data breach and cyber liability, commercial property damage, business interruption, employment practices liability, employee theft and dishonesty and intellectual property liability.

In addition, Bradley has experience in preparing case strategy, performing legal analysis, building factual records, managing document productions and privilege logs, engaging in written discovery, deposing fact and expert witnesses, preparing expert reports, briefing dispositive motions, settlement negotiations and drafting of settlement agreements and appellate briefing.

In his pro bono practice, Bradley has obtained a grant of asylum for an undocumented mother and child who fled to the United States after being threatened by gang violence in their home country and successfully prosecuted and settled a civil rights claim on behalf of an incarcerated offender.

Photo of Jordan Gerlach Jordan Gerlach

Jordan Gerlach is in Perkins Coie’s Litigation practice in Chicago.