The Appellate Court of Illinois, First District, applying New York law, has held that an insurer owed a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA) violations because the allegations constituted violations of an individual’s right to privacy in “creating media material,” triggering coverage. Remprex, LLC v. Certain Underwriters at Lloyd’s London, Syndicates 2623/623, 2023 WL 2974776 (Ill. App. Ct. Mar. 31, 2023). The court also held that the insurer owed no duty to defend where there was no Claim because the insured was never named in the lawsuit.
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