Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

Law360 (June 8, 2021, 4:32 PM EDT) -- The Supreme Court of Illinois recently handed down a monumental decision in West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan Inc. confirming that commercial general liability, or CGL, policies cover claims brought against policyholders for alleged violations of Illinois' Biometric Information Privacy Act, or BIPA.

The ruling has widespread implications for other policyholders with similar coverage for personal and advertising liability and represents a critical victory under so-called silent cyber coverage, affirming that insuring policies do not have to include magic words to cover BIPA claims.

This article analyzes the effects of the court's decision on the scope of coverage...

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