Key considerations for policyholders after landmark biometric privacy decisions reshape insurance landscape

The landscape of biometric privacy litigation already has changed dramatically in 2023. Last month, the Illinois Supreme Court ruled in Tims v. Black Horse Carriers, Inc., 2023 IL 127801, that claims for violations of the Illinois Biometric Information Privacy Act (BIPA) (which allows individuals to sue companies directly for the wrongful collection or disclosure of … Continue Reading

Court’s denial of employment liability coverage for Biometric Information Privacy Act litigation should not discourage policyholders

By Andrew Barrios, John Vishneski and Claire Whitehead on 22 August 2022 Posted in Employment Practices Liability, Insurance Coverage, Insurance General

Although the policyholder bar has previously had success obtaining coverage for Biometric Information Privacy Act (BIPA) litigation under an employment practices liability (EPL) policy, insurers recently notched a win by convincing a court to deny EPL coverage for an employee-based BIPA class action. In Church Mutual Insurance Company v. Prairie Village Supportive Living, LLC, the … Continue Reading

Recent opinions provide support for insureds seeking coverage for BIPA claims

By John Vishneski and Andrew Barrios on 7 April 2022 Posted in Commercial General Liability, Employment Practices Liability, Insurance Coverage, Insurance General

Since the Illinois Supreme Court’s ruling that class actions alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”) trigger general liability coverage, the focus of BIPA coverage litigation has shifted to the applicability of three exclusions often found in general liability policies: (1) the Employment Related Practices exclusion, (2) the Violation of Statutes exclusion, … Continue Reading