Insurer Says No Coverage For Auto Accessory Co.'s BIPA Row

By Hope Patti (June 6, 2022, 4:43 PM EDT) — An automotive accessory company’s insurer told an Illinois federal court that its excess and umbrella policies do not provide coverage for a putative class action accusing the company of violating the state’s Biometric Information Privacy Act, saying the court found no coverage under a primary policy for the same suit.

Mitsui Sumitomo Insurance USA Inc. said in a cross-motion for summary judgment Friday that the court’s prior no-coverage ruling “compels the conclusion” that Mitsui has no duty to defend Thermoflex Waukegan LLC in the underlying suit under the policies.

Additionally, Mitsui argued that the allegations in the underlying suit fall squarely within…

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