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June 2022 Insurance Update: Recent Case Law Finding CGL Exclusions Apply to Biometric Information Privacy Claims
June 2022 Insurance Update: Recent Case Law Finding CGL Exclusions Apply to Biometric Information Privacy Claims

The Northern District of Illinois has issued several recent opinions addressing coverage disputes under commercial general liability (“CGL”) policies involving claims based on alleged violations of the Illinois Biometric Information Privacy Act (“BIPA”). This month’s Insurance Coverage Update analyzes three of these decisions, which focus on the application of several CGL coverage exclusions -- including the Employment-Related Practices exclusion and the Access Or Disclosure Of Confidential Or Personal Information exclusion -- to BIPA claims.

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Illinois - Commercial General Liability Coverage - Personal and Advertising Injury Claim

The Northern District of Illinois in Thermoflex Waukegan, LLC v. Mitsui Sumitomo Ins. USA, Inc. (Mar. 30, 2022) found no CGL coverage for a class action lawsuit based on the Illinois Biometric Information Privacy Act because the policies’ Access Or Disclosure Of Confidential Or Personal Information exclusion defeated the duty to defend.

Click here to read this case summary and analysis.


Illinois - Commercial General Liability Coverage - Personal and Advertising Injury Claim

In Am. Family Mut. v. Carnagio Enter. (March 30, 2022), the Northern District of Illinois found a CGL insurer owed no duty to defend in relation to an underlying claim grounded in the Illinois Biometric Information Privacy Act due to the policy’s Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability exclusion.

Click here to read this case summary and analysis.


Illinois - Commercial General Liability Coverage - Personal and Advertising Injury Claim

In State Auto. Mut. Ins. Co. v. Tony’s Finer Foods Enters. (March 8, 2022), the Northern District of Illinois departed from previous case law in finding an Employment-Related Practices exclusion did not obviate coverage for an Illinois Biometric Information Privacy Act claim based on a workplace fingerprinting requirement. Yet the insurer’s late notice defense survived.

Click here to read this case summary and analysis.

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