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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...
Federal district courts recently provided mixed guidance on insurance coverage for litigation under the Illinois Biometric Information Privacy Act, which regulates the collection, use and storage of an individual’s biometric data.
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...
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 unde...