Michael J. O’Malley (Partner-Chicago, IL) responded to conflicting decisions in The National Fire Insurance Company of Hartford and Continental Insurance Company v. Visual Pak Company, Inc. and Luis Sanchez, Individually and on Behalf of All Others Similarly Situated by Illinois’s First District Appellate Court that the catchall provision to the Violation-of-Statutes excludes coverage for BIPA claims while the Seventh Circuit held otherwise. In an article titled “Illinois BIPA Decision Sets up Clash of Jurisdictions,” published in CLM Magazine on January 11, 2024, Michael said: “I fully expect the Illinois Supreme Court to settle this matter. Given existing Illinois precedent and the strength of the Illinois Appellate Court’s analysis, I believe the Illinois Supreme Court should affirm the holding in Visual Pak. In the meantime, because Visual Pak is now the law of the land in state trial courts in Illinois, insurers will be more likely to file declaratory judgment actions involving the matters in state rather than federal court.”