Close

Articles Posted in Illinois

Updated:

Biometric Privacy, BIPA and the Battle for EPLI Policy Coverage

Do employees have a privacy right in the shape of their faces, the color of their eyes, or the texture of their fingertips? In many states, the law now says yes—leading employers to ask: Are resulting biometric privacy claims covered under their existing policies, or is insurance otherwise available? Employers…

Updated:

The Duty to Defend a Privacy Claim Arises from Even Limited Publication of Biometric Identifiers

Do general liability policies provide coverage for limited disclosures of biometric data, such as fingerprints? The Illinois Supreme Court has concluded that they do. In a unanimous decision, the Illinois Supreme Court has held that a general liability insurer must defend an insured accused of violating the Illinois Biometric Information…

Updated:

Sweeping Ruling in Favor of “Litigation Insurance” Provided by the Duty to Defend

A unanimous panel of the Illinois Appellate Court recently held that three insurers have a duty to defend any case in which the bare underlying allegations—if proved—would render their insured liable, regardless of extrinsic facts. This sweeping ruling confirms that the duty to defend is a form of “litigation insurance,”…