Illinois BIPA Ruling May Spark Violation-Of-Law Exclusion Fight – Tae Andrews Authors Law360 Article

In his article for Law360, Counsel Tae Andrews examined the First Appellate District of Illinois’ BIPA decision in National Fire Insurance Co. of Hartford v. Visual Pak Co. and why it stands in stark contrast to the U.S. Court of Appeals for the Seventh Circuit’s prior decision in Citizens Insurance Co. of America v. Wynndalco Enterprises LLC. Andrews wrote that in Wynndalco, the Seventh Circuit held that a violation-of-statutes exclusion did not bar coverage for an underlying lawsuit alleging violations of the state’s Biometric Information Privacy Act (BIPA), whereas the Visual Pak court interpreted a slew of ambiguities in the exclusion in favor of the insurer.  He explained why the Seventh Circuit got it right, as Wynndalco is better-reasoned and aligns with long-standing principles of insurance law. Andrews went on to note the Visual Pak decision may not represent the final word on the matter, as the case may be headed for a showdown before the Supreme Court of Illinois, where the high court can further articulate the contours of the exclusion.  Read the article here. (Subscription required)