Insights
Seventh Circuit Finds Access or Disclosure Exclusion Bars Coverage for BIPA Claims
June 5, 2024
Michael Duffy has more than 35 years of experience representing insurers in insurance coverage matters, extra-contractual liability, bad faith and reinsurance matters. He regularly advises clients with respect to insurance coverage issues, drafts insurance policy language, and litigates coverage and bad faith cases for general and specialty lines insurance and reinsurance companies. He is a cochair of the firm’s Insurance & Reinsurance Coverage Practice.
Michael also has experience handling class action matters, particularly against insurers. He draws on the firm’s national resources and collective experience to realize desired legal outcomes for his clients based on their individual reputational challenges and financial objectives.
Michael is involved with several nonprofit organizations, including Friends of the Orphans, which is dedicated to improving the lives of orphaned children in Latin America and the Caribbean, and the Gateway Foundation, which provides treatment for indigents addicted to drugs and alcohol. He also served as the DePaul University College of Law Alumni Liaison and as a lector for St. Mary of Vernon Catholic Church.
Michael Duffy has more than 35 years of experience representing insurers in insurance coverage matters, extra-contractual liability, bad faith and reinsurance matters. He regularly advises clients with respect to insurance coverage issues, drafts insurance policy language, and litigates coverage and bad faith cases for general and specialty lines insurance and reinsurance companies. He is a cochair of the firm’s Insurance & Reinsurance Coverage Practice.
Michael also has experience handling class action matters, particularly against insurers. He draws on the firm’s national resources and collective experience to realize desired legal outcomes for his clients based on their individual reputational challenges and financial objectives.
Michael is involved with several nonprofit organizations, including Friends of the Orphans, which is dedicated to improving the lives of orphaned children in Latin America and the Caribbean, and the Gateway Foundation, which provides treatment for indigents addicted to drugs and alcohol. He also served as the DePaul University College of Law Alumni Liaison and as a lector for St. Mary of Vernon Catholic Church.
Michael J. Duffy (Partner-Chicago) and Sarah (Sally) Fry Bruch (Of Counsel-Milwaukee, WI) secured a declaratory judgment and dismissal of all claims with prejudice in the Milwaukee County Circuit Court on behalf of Wilson Elser’s insurance company client. The plaintiff, a business owner, allegedly sustained damages and business losses during a construction project, filing claims for breach of contract, fraud, and professional negligence against our client (under Wisconsin’s Direct Action Statute) and its insured, a licensed architect.
Mike and Sally, citing long-standing Wisconsin law, argued that there was no initial grant of coverage for the plaintiff’s breach of contract and fraudulent misrepresentation claims under the client’s Business Liability Insurance Policy. They further argued that the plaintiff’s professional liability claim was expressly excluded under the plain language of the policy’s Professional Services Exclusion and Endorsement, which excluded coverage for property damage arising out of rendering, or failing to render, any professional service by an insured. Following briefing in support of the motion by Wilson Elser and opposition briefing by plaintiff, and Mike’s compelling oral argument, the Court ruled in favor of Wilson Elser’s client. In its twelve-page Decision and Order, the court concurred that the client’s Business Liability Insurance Policy provided no coverage for the plaintiff’s claims and held that our client had no duty to defend or indemnify the insured in the underlying matter, with all claims against Wilson Elser’s client dismissed with prejudice, and granting the client statutory costs and fees.
Michael J. Duffy and Sarah (Sally) Fry Bruch