News & Analysis as of

Insurance Industry Biometric Information Privacy Act

Robinson+Cole Data Privacy + Security Insider

Illinois Biometric Information Privacy Act Amendment May Make Waves in Litigation Trends

Last week, Illinois Governor JB Pritzker signed S.B. 2979 to amend the Biometric Information Privacy Act (BIPA) immediately to define the repeated collection of the same biometric data without consent as a SINGLE, COLLECTIVE...more

Wiley Rein LLP

Exclusion for Disclosure of “Confidential or Personal Information” Bars Coverage for BIPA Claim Involving Collection and...

Wiley Rein LLP on

The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that an exclusion for claims arising out of any access to or disclosure of any person’s “confidential or personal information” bars...more

Perkins Coie

Seventh Circuit Ruling on Insurance Coverage for Biometric Privacy Class Actions Strays From Trend Protecting Policyholders

Perkins Coie on

In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...more

Jenner & Block

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

Jenner & Block on

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

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

ArentFox Schiff on

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...more

Amundsen Davis LLC

Illinois’ Genetic Information Privacy Act Litigation Trends and Why Employers Need to Pay Attention

Amundsen Davis LLC on

The Illinois’ Genetic Information Privacy Act (“GIPA”) has been Illinois law for over twenty years. Yet, only in the last year or two has there been an explosion of lawsuits being filed against companies in various...more

Rivkin Radler LLP

Insurance Update - March 2024

Rivkin Radler LLP on

We begin with three state supreme court decisions answering these questions: • A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

A Surge in Illinois Genetic Information Privacy Act (GIPA) Claims Poses Threat to Employers

The Illinois Genetic Information Privacy Act (“GIPA”) was enacted in 1998, and although minimal litigation followed in the years following its enaction, we are now seeing a significant surge in litigation similar to that...more

Wiley Rein LLP

Violation-of-Law Exclusion Defeats Duty to Defend BIPA Lawsuit

Wiley Rein LLP on

The Appellate Court of Illinois, First District, applying Illinois law, has held that two general liability insurers do not owe a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA)...more

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Farella Braun + Martel LLP

BIPA Liability: Existing CGL Coverage May Provide a Lifeline for Policyholders

Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified...more

Pillsbury - Policyholder Pulse blog

Insurers Seek to Avoid Coverage for BIPA Claims by Using Old Exclusions for New Purposes

When Illinois enacted the Biometric Information Privacy Act in 2008 (BIPA), the concept of “biometric privacy protection” was foreign to many observers. Yet less than 20 years later, consumers are familiar with the concept of...more

Jenner & Block

Client Alert: Employment-Related Litigation Risks and Insurance Coverage for Hospitality Companies in 2023

Jenner & Block on

Entering 2023, businesses in the hospitality industry continue to face significant litigation risks arising out of employment-related claims. In this article, we will highlight three areas of employment-related litigation...more

Woodruff Sawyer

GL Coverage for BIPA Lawsuits: A Litigation Update (Part 1)

Woodruff Sawyer on

If your customers sue your business for collecting their fingerprint data without following the applicable laws, will your insurance policy cover the costs? Policyholders and carriers have been in a legal war to answer this...more

Perkins Coie

Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure

Perkins Coie on

The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act (BIPA) and created potentially catastrophic exposure for Illinois businesses. In a close 4-3...more

Rivkin Radler LLP

Insurance Update - October 2022

Rivkin Radler LLP on

Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update. And in honor of the month’s most treasured sporting event, the Fall Classic, we...more

Carlton Fields

Learn From Lemonade’s Privacy Lemon: Sweeten Compliance to Lessen Litigation Bitterness

Carlton Fields on

Lemonade Inc.’s recently proposed settlement of class action claims alleging that it failed to sufficiently disclose, and secure necessary consent for, its collection and use of biometric information is a prime example of the...more

K&L Gates LLP

Biometric Privacy Statutes and Insurance Coverage: Recent Developments in Illinois and the National Landscape

K&L Gates LLP on

Introduction - Disputes between insurers and their policyholders relating to insurers’ coverage obligations in biometric privacy-related litigation are on the rise. Over the past year, insurers have commenced a number of...more

Locke Lord LLP

BIPA and Insurance Coverage – Play Ball!

Locke Lord LLP on

As baseball heads to the All-Star break and the rest of the season, fans are meticulously keeping score and tracking statistics such as RBI, HR’s and K’s. Some follow advanced analytics, like WAR, OPS+ and others. And on the...more

Wiley Rein LLP

No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit

Wiley Rein LLP on

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a claim was deemed first made when the insured received actual, rather than constructive notice of the claim....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

Kennedys

“Stick[ing] out like a sore thumb”: BIPA fingerprint claims, the ERP exclusion, and a common thread amidst an intra-district...

Kennedys on

It seems as of late that decisions regarding the scope of the Illinois Biometric Information Privacy Act (BIPA) and insurance coverage for those claims have been coming as quick as finger scan. Fresh off the heels of...more

Neal, Gerber & Eisenberg LLP

Recent Court Decisions Reinforce Coverage for BIPA Claims Under General Liability Policies

Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), has been a fertile source of litigation against Illinois businesses for several years now. The targets of such lawsuits turned to their insurers for...more

Faegre Drinker Biddle & Reath LLP

EPL Policy Triggers Duty to Defend Employment-Related Biometric Information Privacy Act Claims

For the last several years, the plaintiff’s bar has been bombarding companies doing business in Illinois with class action claims under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq. Generally...more

Wiley Rein LLP

Invasion of Privacy Exclusion Bars D&O Coverage for BIPA Suit But EPL Coverage Potentially Applies

Wiley Rein LLP on

The United States District Court for the Central District of Illinois, applying Illinois law, has held that an invasion of privacy exclusion precluded D&O coverage for underlying suits alleging violations of the Illinois...more

34 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide