BIPA: Court finds limited coverage for company’s claimed violation

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted May 23, 2023 11:12 AM

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. The policy, however, provided no coverage for related claims. The case is Remprex, LLC v. Certain Underwriters at Lloyd’s London, 2023 IL App (1st) 211097 (March 31). The insured, Remprex, was represented by Taft Stettinius & Hollister LLP of Chicago …

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