Is There Insurance Coverage for an Underlying BIPA Lawsuit?

Is your business at risk from lawsuits under the Biometric Information Privacy Act (BIPA)? With numerous cases emerging, understanding insurance coverage is crucial. BIPA protects sensitive biometric data, but does your policy cover violations? Recent court rulings have clarified exclusions. Learn how these decisions could impact your coverage and protect your business from potential liabilities.

BIPA Ruling Furthers Mixed Signals On Insurance Coverage

The Biometric Information Privacy Act (BIPA) has sparked a wave of litigation across Illinois, raising critical questions about insurance coverage for these lawsuits. A recent ruling in Remprex LLC v. Certain Underwriters at Lloyd’s London sheds light on this complex issue, revealing conflicting decisions in federal courts and the potential financial implications for companies involved. As BIPA lawsuits continue to proliferate, understanding the nuances of insurance coverage becomes essential. Dive into the details of this landmark case and discover what it means for businesses navigating the evolving landscape of biometric data privacy.

Insurance Providers & BIPA Litigation: Are Insurers Obligated to Defend Their Insureds in BIPA Litigation?

The Illinois Biometric Information Privacy Act (BIPA) has fueled a surge of high-stakes litigation, raising a critical question for businesses across industries: does insurance cover the defense and settlement of BIPA claims? While courts largely agree that BIPA lawsuits allege “personal and advertising injury” sufficient to trigger coverage, insurers increasingly rely on policy exclusions to deny it. Federal courts, however, are deeply divided on whether common exclusions—such as employment-related practices, statutory violations, and access or disclosure provisions—apply to biometric claims. With no uniform approach and conflicting rulings even involving the same insureds, insurance coverage for BIPA litigation remains uncertain, making early notice to insurers and careful policy analysis essential for defendants navigating this evolving landscape.

Is the Illinois Biometric Information Privacy Act (BIPA) Unconstitutional?

Is the Illinois Biometric Information Privacy Act (BIPA) unconstitutional? Its significant penalties have sparked concerns for corporations after the Illinois Supreme Court’s Rosenbach decision, which allows plaintiffs to sue for violations. This has led to increased lawsuits and questions about BIPA’s damages provisions and due process. Explore the implications of recent rulings and potential constitutional challenges in this evolving legal landscape.