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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

CITIZENS INSURANCE COMPANY of ) 

AMERICA, a Michigan corporation; and ) 

HANOVER INSURANCE COMPANY, ) 

a New Hampshire corporation ) 

) 

Plaintiffs, ) 

) 

vs. ) Civil Action No.: 20-CV-04997 

) 

HIGHLAND BAKING COMPANY, INC., ) 

an Illinois corporation; and TEODORO ) Hon. Judge Martha M. Pacold 

ONTIVEROS, individually and on behalf of all ) Mag. Judge Gabriel A. Fuentes 

others similarly situated, ) 

) 

Defendants. ) 

PLAINTIFFS’ MOTION FOR JUDGMENT ON THE PLEADINGS 

Plaintiffs Citizens Insurance Company of America (“Citizens”) and Hanover Insurance 

Company (“Hanover”), by and through counsel of record, move this Honorable Court, pursuant to 

FRCP Rule 12(c), for judgment on the pleadings. In support of said Motion, Plaintiffs 

contemporaneously submit their Memorandum of Law in Support. 

By this Motion, Plaintiffs seek a declaration that they owe no duty to defend or indemnify 

Highland Baking Company, Inc. for the underlying Ontiveros Lawsuit because, as a matter of law: 

(1) the Cyber Liability Coverage Part in the 2017 Citizens Policy does not provide coverage as the 

Ontiveros Lawsuit is a “claim” that was first made after that Policy expired; (2) the Cyber Liability 

Coverage Part in the 2018 Policy does not provide coverage for the Ontiveros Lawsuit because the 

violation of the Illinois Minimum Wage Law (“IMWL”) count in the Complaint does not allege 

any “Privacy Breach”, “Security Breach”, or “Cyber Breach”, and the Past Events Exclusion 

clearly and unambiguously precludes coverage for the violation of Illinois Biometric Information 

Privacy Act (“BIPA”) count; and (3) the General Liability Coverage Part and Umbrella Liability 

Case: 1:20-cv-04997 Document #: 19 Filed: 12/22/20 Page 1 of 3 PageID #:1372
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Coverage Parts in the Policies do not provide coverage for the Ontiveros Lawsuit because the count 

alleging Highland violated the IMWL does not allege any “bodily injury”, “property damage” or 

“personal and advertising injury”, and coverage for the BIPA count is plainly excluded from 

coverage pursuant to the Employment-Related Practices Exclusion, the Recording and 

Distribution of Material or Information Exclusion, and the Access or Disclosure of Confidential 

or Personal Information Exclusion. For these reasons, Plaintiffs are entitled to judgment in their 

favor that they have no duty to defend or indemnify Highland Baking against the Ontiveros 

Lawsuit. 

WHEREFORE, Plaintiffs respectfully pray the Court to grant their motion and declare and 

adjudge the controversy as follows: 

A. That Citizens has no duty to defend or indemnify Highland Baking in connection with 

the Ontiveros Lawsuit; 

B. That Hanover has no duty to defend or indemnify Highland Baking in connection with 

the Ontiveros Lawsuit; and 

C. Grant any other relief that this Honorable Court deems just and equitable under the 

circumstances, including the award of costs. 

Respectfully submitted, 

Citizens Insurance Company of America and 

Hanover Insurance Company 

By: /s/ Kelly M. Ognibene 

One of its Attorneys 

Jeffrey A. Goldwater, Esq. (ARDC #6189014) 

Kelly Ognibene, Esq. (ARDC #6297327) 

Lewis Brisbois Bisgaard & Smith, LLP 

550 West Adams Street, Suite 300 

Chicago, Illinois 60661 

312-345-1718 

312-345-1778-facsimile 

Case: 1:20-cv-04997 Document #: 19 Filed: 12/22/20 Page 2 of 3 PageID #:1373
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CERTIFICATE OF FILING AND SERVICE 

I, Kelly M. Ognibene, an attorney, hereby certify that on December 22, 2020, a true and 

correct copy of Plaintiffs’ Motion for Judgment on the Pleadings was electronically filed with 

the Clerk of the Court using CM/ECF, which will send electronic notification of such filing to the 

following: 

Jason M. Rosenthal 

Steven P. Blonder 

Much Shelist, P.C. 

191 N. Wacker Drive, Suite 1800 

Chicago, IL 60606 

jrosenthal@muchlaw.com

sblonder@muchlaw.com

/s/ Kelly M. Ognibene 

11512533_1

Case: 1:20-cv-04997 Document #: 19 Filed: 12/22/20 Page 3 of 3 PageID #:1374