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“Illinois Biometric Privacy Suits Bring Insurance Questions,” Law360


“Illinois Biometric Privacy Suits Bring Insurance Questions,” Law360

November 17, 2017

“In the past two years, we witnessed a wave of putative class action lawsuits filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in the past few months,” Goldberg Segalla partner Jonathan L. Schwartz and associate Colin B. Willmott write in Law360. In these actions, policyholders have claimed coverage positions under a wide variety of policies, including commercial general liability (CGL), employment practices liability (EPLI), and cyber liability. In their article, Jonathan and Colin examine insurers’ potential coverage obligations under each of these policies. “Since BIPA suits are in their nascent stages, and each defendant likely has a different workplace security system and set of employee disclosures,” they caution, “coverage should be determined on a case-by-case basis — there is no one-size-fits-all approach to these claims.”

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