Those working in insurance defense litigation are familiar with bad faith claims which can arise when insurers breach the duty to act in good faith when responding to settlement offers. According to the Illinois Supreme Court: “The ‘duty to settle’ arises because the policyholder has relinquished defense of the suit to the insurer. The policyholder depends upon the insurer to conduct the defense properly. In these cases, the policyholder has no contractual remedy because the policy does not specifically define the liability insurer’s duty when responding to settlement offers. The duty was imposed to deal with the specific problems of claim settlement abuses by liability insurers where the policy holder has no contractual remedy.” Cramer v. Insurance Exchange Agency, 174 Ill.2d 513, 526, 675 N.E.2d 897 (Ill. 1996). [Read more…] about Insurance Defense and Bad Faith Actions: Requirements to Plead the Reasonable Probability Standard
Archives for January 2017
EEOC Focus in 2017 – Employers Beware
The EEOC announced its Strategic Enforcement Plan for the fiscal years 2017 to 2021 which outlines the areas upon which the EEOC will focus its litigation and investigation resources in the next four years. Employers should anticipate that the EEOC will be aggressively prosecuting discrimination and other violations that affect the most vulnerable employees, including such issues that were at the forefront of the presidential election as discriminatory practices against those workers who are Muslim or of Middle Eastern or South Asian descent, as well as persons perceived to be members of these groups. Other groups that may be targeted for protection by the EEOC could be recent Hispanic immigrants and the LGBT community. [Read more…] about EEOC Focus in 2017 – Employers Beware
Five Data Privacy Trends for 2017
As we begin the new year, it is important to look ahead at the privacy and data security issues that will impact businesses in 2017.