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Biometric Information Privacy Act Biometric Information Commercial General Liability Policies

Perkins Coie

Seventh Circuit Ruling on Insurance Coverage for Biometric Privacy Class Actions Strays From Trend Protecting Policyholders

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In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...more

Farella Braun + Martel LLP

BIPA Liability: Existing CGL Coverage May Provide a Lifeline for Policyholders

Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified...more

Carlton Fields

Seventh Circuit Declines to Enforce Plain Language of Distribution of Material Exclusion in Business Liability Policy

Carlton Fields on

On June 15, 2023, in Citizens Insurance Company of America v. Wynndalco Enterprises LLC, the Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Northern District of Illinois’ decision holding that a...more

Woodruff Sawyer

GL Coverage for BIPA Lawsuits: A Litigation Update (Part 1)

Woodruff Sawyer on

If your customers sue your business for collecting their fingerprint data without following the applicable laws, will your insurance policy cover the costs? Policyholders and carriers have been in a legal war to answer this...more

Ervin Cohen & Jessup LLP

Insurance Coverage For Claims Involving The Misuse Of Biometric Information

​​​​​​​As the use of biometric information for verification purposes becomes widespread, employers and others should be aware of statutes which regulate the collection, storage and dissemination of this data. In this regard,...more

Farella Braun + Martel LLP

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting,...more

Kennedys

“Stick[ing] out like a sore thumb”: BIPA fingerprint claims, the ERP exclusion, and a common thread amidst an intra-district...

Kennedys on

It seems as of late that decisions regarding the scope of the Illinois Biometric Information Privacy Act (BIPA) and insurance coverage for those claims have been coming as quick as finger scan. Fresh off the heels of...more

Neal, Gerber & Eisenberg LLP

Recent Court Decisions Reinforce Coverage for BIPA Claims Under General Liability Policies

Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), has been a fertile source of litigation against Illinois businesses for several years now. The targets of such lawsuits turned to their insurers for...more

Perkins Coie

Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies

Perkins Coie on

The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more

Kelley Drye & Warren LLP

Court To Decide If Insurance Covers Biometric Data Claims in BIPA Dispute

The Illinois Biometric Information Privacy Act (BIPA), has become increasingly popular with the plaintiffs’ bar. BIPA provides a private right of action to recover potentially astronomical damages for inadvertent use or...more

Holland & Knight LLP

BIPA Update: Class Actions on the Rise in Illinois Courts

Holland & Knight LLP on

• Cases brought under the Illinois Biometric Information Privacy Act (BIPA) continue to multiply. • Although BIPA was enacted in 2008, a decision by the Illinois Supreme Court in January 2019 held that an individual does...more

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