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The Debate About GL Coverage For BIPA Claims Is Not Over -- It Is Just Starting

The debate concerning the applicability of general liability policies to claims arising out of violations of the Illinois Biometric Information Privacy Act (‘BIPA’) has not gone all that well for insurers. The Illinois Supreme Court in West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978, held that a BIPA violation satisfies the publication criterion of the advertising injury coverage grant.



Vehicle Thefts Rise, Carjackings Increase By Triple Digits In Some Large Cities

Major cities across the US have seen an ‘unprecedented’ surge in auto thefts and carjackings in recent years, the National Insurance Crime Bureau (NICB) has warned.<br /><br />Testifying before a US Senate Committee on the issue of car thefts, NICB president and CEO David Glawe spoke not only of the rise in auto theft cases, but also discussed the apparent connection between car stealing and other serious violent crimes.


The Illinois Workers’ Compensation Act Does Not Bar An Employee’s Claim Under BIPA

In McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, the Illinois Supreme Court issued an opinion finding the exclusive remedy provisions of the Illinois Workers’ Compensation Act (‘Compensation Act’) 820 ILCS 305/1 et seq. does not bar an employee’s claim for statutory damages under the Illinois Biometric Information Privacy Act (‘BIPA’), 40 ILCS 14/1 et seq.<br /><br />An employee filed a class-action lawsuit against her employer for violating BIPA. Her employer required its employees to use a biometric timekeeping system in order to scan an employee’s fingerprint for purposes of authenticating an employee and tracking their time at work. The employee alleged that her employer never obtained her written consent to store her biometric information or informed her how the information will be stored.




Did A Recent Court Ruling Doom COVID Biz Interruption MDL?

Nearly 60 lawsuits against Society Insurance suffered a fatal blow this month when a federal appeals court tossed pandemic-related claims for business-income interruption benefits against four other insurance companies, Society’s lawyers at Crowell & Moring and Purcell & Wardrope said in a Monday-night filing in federal court in Chicago.
December 23, 2021 Litigation Property Illinois