News & Analysis as of

Insurance Litigation Biometric Information

Wiley Rein LLP

No Duty to Defend BIPA Lawsuit Given Absence of Data Breach or Security Failure

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The Appellate Court of Illinois, First District, applying Illinois law, has held that a cyber policy did not afford coverage for an underlying lawsuit alleging violations of the Biometric Information Privacy Act (BIPA)...more

Jenner & Block

Client Alert: The Illinois State Courts Strike Back: The Future of BIPA Litigation After Visual Pak

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The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a...more

Wiley Rein LLP

Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data

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The Appellate Court of Illinois, First District, applying New York law, has held that an insurer owed a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA) violations because the...more

Benesch

Society Insurance Stuck Defending Insured In Biometric Privacy Class Action

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Notwithstanding the deluge of data breach and internet eavesdropping privacy cases, companies also continue to face an onslaught of biometric privacy actions under statutes like the Illinois Biometric Information Privacy Act...more

Carlton Fields

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

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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

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

Gould + Ratner LLP

Illinois Supreme Court Finds Insurance Coverage for Alleged Violations of BIPA

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The Illinois Supreme Court ruled late last week in favor of a company seeking insurance coverage for defense of a lawsuit alleging the company had violated the Illinois Biometric Privacy Act (BIPA). The ruling in the case,...more

Seyfarth Shaw LLP

Commercial Litigation Outlook - 2021

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As the nation emerges from the pandemic, clients face the double-whammy of delayed resolution of existing disputes (thanks to court shutdowns) and increased litigation activity across the board. The third quarter of 2020 saw...more

Saul Ewing LLP

Illinois Appellate Court Provides Guidance on Insurers’ Duty to Defend Biometric Information Lawsuit

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On March 20, 2020, the Illinois Appellate Court for the First District issued its decision in the case of West Bend Mutual Insurance Company v. Krishna Schaumburg Tan, Inc., 2020 IL App (1st) 191834, 2020 WL 191834, a...more

K&L Gates LLP

OnRisk: Biometric Insurance

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Issues of digital privacy are multi-faceted and extend far beyond the now-routine data breaches that make headlines. The digital collection, use, and storage of biometric information (fingerprints, retinal or iris scans,...more

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