Biometric Suit Not Covered In Grocer's Policy, Insurer Says

Law360 (January 9, 2019, 3:49 PM EST) -- Ohio-based Westfield Insurance Co. on Tuesday asked an Illinois state judge to declare that it has no duty to defend a state grocery chain in an underlying biometric privacy suit, saying the store's employee is alleging an injury not covered in its policy.

Westfield said in its complaint that its commercial general liability policy with Caputo's New Farm Produce Inc. contains exemptions that allow it to stay out of a lawsuit accusing the grocer of violating Illinois' biometric privacy law by failing to give employees necessary disclosures about the storage and use of their fingerprint data.

Caputo's maintenance director Evan Krause...

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