Ill. Judge Says IT Co. Owed Coverage For BIPA Suits

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By Hope Patti (March 30, 2022, 2:06 PM EDT) — Citizens Insurance Co. of America must provide coverage to an information technology company for two underlying BIPA lawsuits, an Illinois federal judge ruled Wednesday, saying the policy does not unambiguously bar coverage.

U.S. District Judge John Z. Lee granted Wynndalco Enterprises LLC’s bid for judgment, finding that the insurer is obligated to defend the company and two of its officers over allegations that they violated the Illinois Biometric Information Privacy Act.

“Citizens has not met its burden to ‘affirmatively establish’ that the exclusion applies, much less that its application is ‘clear and free from doubt,’ as it must in order to…

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