BIPA Ruling Should Aid Insurers In Privacy Claims

Share on facebook
Share on twitter
Share on linkedin
Share on reddit
Share on email

By Joshua Polster and Conor Mercadante (November 17, 2021, 2:11 PM EST) — Illinois’ Biometric Information Privacy Act, or BIPA,[1] has resulted in substantial litigation against companies that collect biometric information, which, in turn, led to disputes regarding insurance coverage for such claims.

Massachusetts Bay Insurance Co. v. Impact Fulfillment Services, a Sept. 24 decision by the U.S. District Court for the Middle District of North Carolina — one of the first of its kind — has provided important guidance on this topic, finding that an insurance policy exclusion regarding the collection and distribution of information precluded coverage for an underlying BIPA claim.

The Illinois state Legislature passed BIPA in 2008 in response to…

Read the article