Ill. BIPA Ruling May Significantly Affect Insurers' Exposure

By Joshua Mooney, Judy Selby and Tracey Kline (September 29, 2021, 3:05 PM EDT) -- In Tims v. Black Horse Carriers Inc., an important new ruling, the Appellate Court of Illinois for the First District held that claims for unlawful trading of biometric data brought under Section 15(c) and for unlawful dissemination or disclosure of biometric data under Section 15(d) of the Illinois Biometric Information Privacy Act, or BIPA, are subject to a one-year statute of limitations only.[1]

Buttressed by the Illinois Supreme Court's recent decision in West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan Inc., numerous BIPA lawsuits have been tendered to commercial general liability insurance carriers under Coverage B for "personal and advertising...

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