Privacy Risk Report

Split Emerging Within Northern District of Illinois Concerning Application of ERP Exclusion in BIPA Lawsuits

On March 8, 2022, the Northern District of Illinois issued an opinion in State Auto. Mut. Insur. Co. v. Tony’s Finer Foods Enter., Inc., et al., 20-CV-6199, 2022 WL 683688 (N.D. Ill. Mar. 8, 2022) again addressing whether insurance coverage… Continue Reading →

Northern District Injects Confusion as to Whether Insurers Can Rely on the Employment-Related Practices Exclusion to Preclude Coverage for an Employee BIPA Suit

On March 1, 2022, the Northern District of Illinois issued an opinion in Citizens Insur. Co of Am., & Hanover Insur. Co. v. Thermoflex Waukegan, LLC, 20-CV-05980, 2022 WL 602534 (N.D. Ill. Mar. 1, 2022) addressing whether insurance coverage existed… Continue Reading →

The Illinois Workers’ Compensation Act Does Not Bar An Employee’s Claim Under BIPA

In McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, the Illinois Supreme Court issued an opinion finding the exclusive remedy provisions of the Illinois Workers’ Compensation Act (“Compensation Act”) 820 ILCS 305/1 et seq. does not bar an employee’s… Continue Reading →

Northern District of Illinois Finds Employment-Related Practices Exclusion Applies to BIPA Suit

On January 7, 2022, the Northern District issued an opinion regarding whether the claims contained in a lawsuit alleging the violation of the Illinois Biometric Information Privacy Act (“BIPA”), 40 ILCS 14/1 et seq., were covered under a Businessowners’ Liability… Continue Reading →

Did An Illinois Court Intend To Limit Coverage For BIPA Claims Under CGL Policies To One Year?

“Publication” has always been an important consideration under the Personal Injury prong of commercial general liability policies (“CGL”). Likewise, questions related to “publication” are growing in importance in litigation involving Illinois’ Biometric Information Privacy Act (“BIPA”). For example, Illinois courts… Continue Reading →

Fifth Circuit Rejects Insurance Carrier’s Arguments As “Salami-Slicing Distinctions” In Finding Coverage For Breach Of Contract Claims Related To Data Breach

In a decision last week entitled Landry’s, Inc. v. The Ins. Co. Of The State Of Pennsylvania, No. 19-20430, 2021 WL 3075937 (5th Circ., July 21, 2021), the Fifth Circuit Court of Appeals found coverage under a CGL Policy for… Continue Reading →

Illinois Supreme Court Finds “Publication” In Some BIPA Claims

On May 20, 2021, the Illinois Supreme Court delivered its opinion in W. Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978[1] regarding whether the claims contained in a lawsuit alleging the violation of the Biometric Information… Continue Reading →

Hack Attack: Indiana Supreme Court Examines Ransomware Coverage 

The Indiana Supreme Court became one of the first state high courts to weigh in and issue a decision on whether crime insurance provides coverage for ransomware attacks. The trial court’s ruling in favor of Continental Western Insurance Co.’s motion for… Continue Reading →

The Illinois Legislature and the Illinois Supreme Court Take Steps to Bring Balance to BIPA

There is no question that the Illinois Biometric Information Protection Act of 2008 (“BIPA”) has given rise to a number of unique questions under both privacy law and insurance law. First, many data collectors caught in the crosshairs of BIPA… Continue Reading →

No Harm, No Foul: Delaware Court Dismisses Privacy Case When Plaintiffs Cannot Show Harm

Over the last couple of years, alleged privacy violations of the Illinois Biometric Information Privacy Act (“BIPA”) have flooded Illinois courts. One unique aspect of the BIPA class action cases in Illinois is seen when plaintiffs do not have to… Continue Reading →

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