Is There Insurance Coverage for an Underlying BIPA Lawsuit?

Introduction The Biometric Information Privacy Act (BIPA or Act) has launched hundreds, if not thousands, of lawsuits across the state and federal courts of Illinois. Some BIPA lawsuits have even made their way to other states,[1] with some settling for enormous sums.[2] With so many BIPA lawsuits, insureds and insurers have been asking an important question: does […]

BIPA Ruling Furthers Mixed Signals On Insurance Coverage

The Biometric Information Privacy Act is the litigation gift that keeps on giving. Hundreds, if not thousands, of BIPA lawsuits have been filed across the state and federal courts of Illinois. Some BIPA lawsuits have even made their way out-of-state,[i] with some settling for enormous sums.[ii] With so many BIPA lawsuits being filed, across all industries, […]

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

The Biometric Information Privacy Act (BIPA or Act) is the litigation gift that keeps on giving. Hundreds, if not thousands, of BIPA lawsuits have been filed across the state and federal courts of Illinois. Some BIPA lawsuits have even made their way out-of-state,[i] with some settling for enormous sums.[ii] With so many BIPA lawsuits being filed, across […]

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

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 […]