Ill. Justices Ring 'Alarm Bell' For Insurers On BIPA Coverage

Law360 (May 24, 2021, 5:42 PM EDT) -- The Illinois Supreme Court's recent ruling that a tanning salon's general liability insurer must defend it against a customer's Biometric Information Privacy Act lawsuit will embolden policyholders to seek coverage for BIPA claims, which could lead insurers to roll out higher premiums or more limitations on data privacy coverage.

The state high court affirmed Thursday that West Bend Mutual Insurance Co. must defend Krishna Schaumburg Tan Inc. in a proposed BIPA class action under the salon's commercial general liability — or CGL — policy, which covers claims arising from the publication of information that violates an individual's privacy rights. The decision...

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