Insurer Says McDonald's Biometric Suit Doesn't Trigger Policy

Law360 (January 4, 2021, 5:25 PM EST) -- American Family Mutual Insurance Co. has asked an Illinois federal judge for a quick win in its case against a McDonald's franchise in Aurora, Illinois, arguing that an underlying privacy suit against the restaurant did not allege any unlawful disclosure of employee biometric information that would trigger coverage.

The insurer said Wednesday that the court should grant it summary judgment since the policy, held by franchise location owner Schmitt South Eola LLC, covers published information and advertising injuries but not the dissemination of information in violation of the law.

The underlying suit does not allege that the restaurant published any personal...

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