Showing all results for category “BIPA”

Another BIPA Win For Insurers

In another win for insurers, Illinois’ highest court recently denied an insured’s request for an appeal in a case involving alleged violations of the Biometrics Information Privacy Act (“BIPA”), reaffirming lower court decisions that insurers are not obligated to defend policyholders against BIPA-related claims.

Illinois First District Appellate Court Holds Insurer Not Liable for BIPA Claim Under a Cyber Liability Policy

Colleen Beverly analyzes an Illinois First District Appellate Court decision finding the insurer not liable under the Biometric Information Privacy Act. The court held that the underlying action did not amount to a “data breach” or “security failure” that was unauthorized by the employer.

Federal Court Follows Visual Pak Holding No Coverage for BIPA Claims

Andrew Banathy examines an Illinois Northern District decision granting summary judgment for an insurer in a BIPA-related coverage action and agreeing with the Illinois Appellate Court’s reasoning in an earlier case, National Fire Ins. Co., et al. v. Visual Pak Co., Inc., with respect to the interpretation of the recording and distribution exclusion contained in general liability policies.

Court Finds Coverage for BIPA Liability Effectively Excluded

By Don R. Sampen, published, Chicago Daily Law Bulletin, January 9, 2024

The 1st District Appellate Court, disagreeing with the 7th U.S. Circuit Court of Appeals, recently held that a “catchall” exclusion for certain statutory liabilities applied to a claim against an insured for violation of the Biometric Information Privacy Act,

BIPA Win for Insurers

On December 19, 2023 the Illinois Appellate Court, First District provided the insurance industry with some holiday cheer. In National Fire Ins. Co., et al. v. Visual Pak Co., Inc., 2023 IL App (1st) 221160,

BIPA: Court Finds Limited Coverage for Company’s Claimed Violation

By Don R. Sampen, published, Chicago Daily Law Bulletin, May 23, 2023

The 1st District Appellate Court recently construed an insurance policy’s cyber coverage provisions and found a duty to defend an insured for one alleged violation of the Illinois Biometric Information Privacy Act (BIPA) pertaining to the collection of fingerprints.

Illinois Supreme Court Holds Federal Labor Law Preempts Biometric Privacy Act Claims

By Paul V. Esposito

The Supreme Court has held that the federal Labor Management Relations Act preempts claims by unionized employees alleging violations of the Biometric Information Privacy Act. Walton v. Roosevelt Univ.

Illinois Supreme Court Poised To Decide BIPA Claim Accrual Question

By Morgan A. Dilbeck and Mitchel D. Torrence

Introduction

Today, most people are concerned about identity theft and wanting to ensure that their unique identifiers stay private. The Illinois legislature sought to address these concerns with the Biometric Information Privacy Act (“the Act”).

Employment And Statutory Exclusions Found Inapplicable To BIPA Class Action

By Don R. Sampen, published, Chicago Daily Law Bulletin, May 17, 2022

The U.S. District Court for the Northern District of Illinois recently held that liability policy exclusions for employment practices and certain statutory violations are not effective to exclude coverage for a claim that the insured violated the Illinois Biometric Information Privacy Act in the insured’s handling of fingerprints taken from employees for timekeeping purposes.

BIPA Claim Accrual Update

By Alexander J. Brinson and Mitchel D. Torrence

Introduction

Clausen Miller’s Technology & Cyber Group provides the following update to keep you informed on recent important cases adjudicating Illinois’ Biometric Information Privacy Act (“BIPA”).