A North Carolina federal court held that three general liability insurers did not have to cover a class action lawsuit alleging violations of Illinois’ Biometric Information Privacy Act (BIPA). In doing so, the court ruled that a policy exclusion bars coverage for BIPA, putting the ruling in tension with the Illinois Supreme Court’s ruling in West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan Inc.

According to Partner Peter Halprin, despite this outcome, “Krishna will continue to be the most influential decision in the country,” Halprin said.

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