Employment and statutory exclusions found inapplicable to BIPA class action

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 17, 2022 11:31 AM

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.The case is American Family Mutual Insurance Co. v. Carnagio Enterprises, Inc., No. 20 C 3665, 2022 U.S. Dist. Lexis 58358 (March 30). The plaintiffs …

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