The Illinois Supreme Court ruled that a tanning salon’s general liability insurer must defend it against a customer’s Biometric Information Privacy Act (BIPA) lawsuit involving claims arising from the publication of information which violated the individual’s privacy rights. The decision is the first to provide top-level guidance for attorneys dealing with the rising number of coverage disputes resulting from BIPA claims.
“The Illinois Supreme Court has said it loud and clear that it believes there is coverage for BIPA claims under general liability policies,” Partner Peter Halprin told Law360. “It will set a standard for other states that are moving in the direction of an Illinois type of regulation.”
Halprin also said the decision further shows that cybercrime and statutory privacy liability claim coverage issues are becoming a priority at both the state and federal levels, referencing the Indiana Supreme Court’s March ruling opening the door for ransomware coverage under crime insurance and a Maryland federal court’s decision last year finding coverage for ransomware liabilities under a property policy.
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