Explores the Visual Pak case and its impact on whether insurers in Illinois have an obligation to defend their insureds in BIPA litigation.
Using Remprex v. Lloyd’s London, this post analyzes the mixed rulings surrounding the question: is the defense of BIPA lawsuits covered by insurance.
Analyzes conflicting federal court decisions on policy exclusions insurers have pressed for denying coverage in BIPA litigation
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 ...