Holiday Inn Employees' BIPA Suit Not Covered, Insurer Says

Law360 (February 26, 2021, 4:38 PM EST) -- Axis Surplus Insurance Co. doesn't want to touch a putative Illinois Biometric Information Privacy Act class action against the owner of a Holiday Inn, saying in a state court suit that a confidential information exclusion bars coverage for the hotel's alleged collection of employee fingerprints to record work hours.

New Crown Holdings LLC, the owner of the Gurnee, Illinois, Holiday Inn, isn't owed commercial general liability insurance coverage for its former employee Dale Paulson's suit, according to Wednesday's complaint, because an employer liability exclusion precludes Axis' duty to defend and indemnify.

Paulson, a former engineer with New Crown, sued in December,...

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