Illinois Supreme Court News

Illinois Supreme Ct. Questions Prior Rulings, Holds Construction Defects May Be Covered

A long line of Illinois court cases has held that damage caused by construction defects isn’t covered by commercial general liability insurance. Some rulings cited the scope of work, others focused on the nature of the damage and some hinged …

Illinois Supreme Rules UM Insurance Can’t Be Restricted to Occupants of Covered Vehicles

The Illinois Supreme Court on Thursday affirmed an appellate court ruling that found that injuries to a 14-year-old boy who was struck by a car while riding his bicycle are covered by his father’s uninsured motorist policy despite language that …

Ill. Supreme Ct. Refuses to Reconsider BIPA Ruling, Despite Warning About ‘Astronomical’ Penalties

The Illinois Supreme Court on Tuesday refused to reconsider its 4-3 decision that found violations of the state’s Biometric Privacy Act occur each time an unauthorized scan is made, rejecting arguments that such an interpretation will lead to astronomical damage …

Ill. Supreme Ct. Clarifies Standard to Name Defendants in Malpractice Suits

More than 40 years ago, the Illinois legislature sought to reduce the number of defendants in medical malpractice actions by allowing plaintiffs to name health care providers as respondents for the purposes of discovery and convert them to defendants later …

Viewpoint: Illinois Supreme Court Decision Will Spur a Spike in BIPA Claims

The collection and use of biometric information as a means for verifying security and transactions is now commonplace. The result is a recent wave of legislation aimed at protecting individuals from the unauthorized collection, use and disclosure of biometric data, …

Separate Claim for Each Unlawful Transmission of Biometric Info, Illinois Supreme Ct. Rules

The Illinois Supreme Court ruled Friday that a separate claim accrues each time a business unlawfully scans or transmits an individual’s biometric identifier or information, a decision that could drive up class action settlements against repeated Biometric Information Privacy Act …

Ill. Supreme Ct. Rules 5-Year Statute of Limitations Applies to Biometric Privacy Claims

Plaintiffs have five years to file claims to allege violations of the Illinois Biometric Privacy Act, the state Supreme Court ruled Thursday, rejecting arguments by business advocates that a one-year statute of limitations should apply. In a 5-0 decision, the …

Illinois Supreme Court Finds Tenants not Covered by Landlord’s Insurance Policy

An insurer has no duty to defend the tenants of an insured property against a third-party negligence contribution claim, the Illinois Supreme Court ruled Monday. In a unanimous decision, the state high court reversed the Third District Appellate Court and …

Viewpoint: Courts Split on Labor Cost Depreciation Impact on Actual Cash Value

Courts are split on the question of whether it is permissible to depreciate labor costs when determining actual cash value (“ACV”). The Illinois Supreme Court’s decision in Sproull v. State Farm Fire and Casualty Co., (9/23/21), affirming the appellate court …

No Arbitration for OfferUp Vendor Accused of Violating Biometric Privacy Law

A London-based technology vendor that supplied face-recognition software to the OfferUp app cannot force a plaintiff to arbitrate his claim that the technology violated Illinois’ biometric privacy law, a federal appellate court ruled. A panel of the 7th Circuit Court …