There are many steps that a company should take to prepare for a data breach. As , one of the most important steps is to hire outside legal counsel. Not only will outside legal counsel advise the company how to comply with applicable legal requirements, but establishing a relationship with outside legal counsel will allow […]
Archives for March 2017
Illinois Has Already Amended its Employee Sick Leave Act
On January 1, 2017, the Illinois Employee Sick Leave Act went into effect. It requires employers to allow employees to use their personal sick leave benefits for absences due to an illness, injury or medical appointment of the employee’s child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent. The same terms would apply as […]
Distinction Between the Duty to Defend and the Duty to Indemnify in Insurance Coverage Law
In determining insurance coverage, an insurer’s duty to defend its insured is much broader than its duty to indemnify. In order to determine whether the insurer’s duty to defend has arisen, the court must compare the allegations of the underlying complaint to the policy language. Those allegations must be liberally construed in favor of the […]
Is There Insurance Coverage for a Loss Known By the Insured Before Purchasing Insurance?
Whether there is insurance coverage for a loss known by the insured prior to purchasing an insurance policy depends on several factual issues. By its very nature, insurance is fundamentally based on contingent risks which may or may not occur. One dictionary defines “insurance” as “a contract whereby one undertakes to indemnify another against loss, […]