Citizens Insurance Co. told an Illinois federal court that it's dropping its suit seeking to avoid covering a restaurant franchise company policyholder's defense of a proposed Illinois Biometric Information Privacy Act class action, saying the underlying suit has been dismissed.
Thursday, May 27, 2021
In a highly anticipated case before Illinois highest court, the justices recently found an insurance carrier’s business liability policy requires it to defend a lawsuit alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”).
West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978 (Ill., May 20, 2021). While the court’s opinion addresses specific policy language, the decision reinforces key principles and concepts supporting insurance coverage (indemnity and defense) under Illinois law.
Background
In the underlying lawsuit, a tanning salon patron sued alleging the salon violated BIPA by scanning her and other customers’ fingerprints without consent and by disclosing their biometric identifiers and information to a third-party vendor. Upon receipt of the lawsuit, the tanning salon tendered the claim to its insurer requesting a defense. The insurance company issued a reservation of rights letter
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Clearview AI Urges Ill. Court To Toss Biometric MDL Claims
Law360 (May 25, 2021, 7:40 PM EDT) Clearview AI wants an Illinois federal judge to toss multidistrict litigation claims that it unlawfully collected biometric information from photos on the internet, arguing that the allegations attack conduct that largely occurred out of state.
Clearview AI Inc. argued Monday that U.S. District Judge Sharon Johnson Coleman should permanently dismiss the consolidated complaint accusing it of collecting biometric information in violation of the Illinois Biometric Information Privacy Act and various other states privacy laws because the plaintiffs do not come close to demonstrating that the practices at issue primarily and substantially occurred in Illinois.
Lifespace Communities (Lifespace) Inc., a retirement community chain with more than 15 communities in eight states, recently settled a class action for $987,850 for its alleged.