Declaratory Judgment for BVH Client in BIPA suit
Tom Costello and Chris Ktenas

September 2022

---

Tom Costello and Chris Ktenas secured a summary judgment in favor of their insurer client, with the court finding that their insurer did not owe any duty to defend or indemnify an insured under a general liability policy for an underlying lawsuit alleging violations of Illinois’ BIPA statute.  The Court agreed with Tom and Chris that BVH’s client’s policy did not afford coverage for various reasons, including that the underlying claims did not potentially qualify as “personal and advertising injury” as defined in our client’s policy, and that the claims were excluded by the Policy.