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Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies

By Jim Davis, Debra R. Bernard & Bradley Dlatt on June 1, 2021
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Businesses operating in Illinois have faced thousands of lawsuits arising under the Illinois Biometric Information Privacy Act (BIPA), leading to hundreds of cases and related insurance claims. Insurance companies have aggressively denied coverage for these claims and filed litigation seeking court approval of their denials, forcing policyholders into a two-front legal war. Recently, the Illinois Supreme Court granted a major victory for businesses facing BIPA lawsuits, holding that a BIPA lawsuit alleging a wrongful sharing of biometric information fell within standard “personal or advertising injury” coverage in a commercial general liability policy and was not excluded.

This update discusses the court’s decision and the lessons that businesses can learn from it, including potentially narrowing the time available for possible BIPA plaintiffs to seek relief and the need for policyholders to never accept an insurer’s coverage denial at face value.

Click here to read the full update.

Photo of Jim Davis Jim Davis

Jim Davis is a leading national policyholder litigator and counselor who solves insurance coverage issues for his clients every day. During his more than 26-year career, Jim has helped clients recover billions of dollars by negotiating improved policy language, navigating complex insurance claims…

Jim Davis is a leading national policyholder litigator and counselor who solves insurance coverage issues for his clients every day. During his more than 26-year career, Jim has helped clients recover billions of dollars by negotiating improved policy language, navigating complex insurance claims to avoid litigation, and successfully prosecuting lawsuits in courts around the country.

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Photo of Debra R. Bernard Debra R. Bernard

Debra Bernard focuses on class action defense of claims under the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA), and other consumer and privacy claims, as well as other areas of commercial litigation.

Read more about Debra R. BernardEmail
Photo of Bradley Dlatt Bradley Dlatt

Bradley Dlatt counsels corporations on complex insurance coverage matters, including analyzing insurance policies and assisting with policy placement and renewals. Bradley has represented corporate policyholders in insurance coverage disputes concerning, among other areas, directors and officers liability, government investigations, toxic tort liability, antitrust…

Bradley Dlatt counsels corporations on complex insurance coverage matters, including analyzing insurance policies and assisting with policy placement and renewals. Bradley has represented corporate policyholders in insurance coverage disputes concerning, among other areas, directors and officers liability, government investigations, toxic tort liability, antitrust litigation, environmental liability, data breach and cyber liability, commercial property damage, business interruption, employment practices liability, employee theft and dishonesty and intellectual property liability.

In addition, Bradley has experience in preparing case strategy, performing legal analysis, building factual records, managing document productions and privilege logs, engaging in written discovery, deposing fact and expert witnesses, preparing expert reports, briefing dispositive motions, settlement negotiations and drafting of settlement agreements and appellate briefing.

In his pro bono practice, Bradley has obtained a grant of asylum for an undocumented mother and child who fled to the United States after being threatened by gang violence in their home country and successfully prosecuted and settled a civil rights claim on behalf of an incarcerated offender.

Read more about Bradley DlattEmail
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  • Posted in:
    Insurance, Technology
  • Blog:
    Tech Risk Report
  • Organization:
    Perkins Coie LLP

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