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Explores the Visual Pak case and its impact on whether insurers in Illinois have an obligation to defend their insureds in BIPA litigation.
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Using Remprex v. Lloyd’s London, this post analyzes the mixed rulings surrounding the question: is the defense of BIPA lawsuits covered by insurance.
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Analyzes conflicting federal court decisions on policy exclusions insurers have pressed for denying coverage in BIPA litigation
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The Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data. 740 ILCS 14/15. Passed in October 2008, BIPA is intended to protect a person’s unique biological traits – the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry. Id. But in the last few years, BIPA – with its statutory penalties of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation – has quickly become the bane of corporate ...