Insurer Won't Defend Burger King Franchisee In BIPA Row

Law360 (June 10, 2020, 5:00 PM EDT) -- American Guarantee and Liability Insurance Co. says it has no duty to defend a Burger King franchisee in a lawsuit accusing it of violating Illinois' landmark biometric privacy law, saying exclusions for employment-related practices and disclosure of confidential information bar coverage.

Toms King, which owns and operates more than 130 Burger King restaurants in Illinois, Ohio, North Carolina, Pennsylvania and Virginia, faces a putative class action over its requirement that employees use their fingerprints to clock in and out of work, without written consent required under the Biometric Information Privacy Act.

Toms King has commercial general liability insurance and umbrella liability...

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