6 Rulings Reinforce BIPA Coverage For Illinois Policyholders

By Angela Elbert, Paul Walker-Bright and Ben Boris (April 22, 2022, 3:16 PM EDT) -- Illinois' Biometric Information Privacy Act, or BIPA, has been a fertile source of litigation against businesses in Illinois and elsewhere for several years now.[1]

The targets of such lawsuits turned to their insurers for help in defending and resolving the cases. General liability insurers often denied coverage and sued their insureds seeking court approval of those denials.

In 2021, the Illinois Supreme Court decided in West Bend Mutual Insurance Co. v. Krishna Tan Schaumburg Inc. that commercial general liability insurance for personal injury potentially covered BIPA lawsuits.[2] The policy in Krishna Tan defined "personal injury" in part as "oral or written...

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