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Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data
Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data

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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Neither Contract Exclusion nor Professional Services Exclusion Bar Coverage for Lawsuits Against Insured Alleging Breach of Common Law Duties in Connection With its Fulfillment of Orders for Prescription Opioids
Neither Contract Exclusion nor Professional Services Exclusion Bar Coverage for Lawsuits Against Insured Alleging Breach of Common Law Duties in Connection With its Fulfillment of Orders for Prescription Opioids
Mississippi Federal District Court Requires Insurer to Establish Prejudice to Deny Coverage Based on Untimely Notice
Mississippi Federal District Court Requires Insurer to Establish Prejudice to Deny Coverage Based on Untimely Notice
Insurers Owe Coverage for Settlement Despite Bump-Up Provision
Insurers Owe Coverage for Settlement Despite Bump-Up Provision
Based on Defamation Allegations, Insurer Must Defend Property Management Company against Lawsuit for Unlawful Security Deposit and Late Fee Practices
Based on Defamation Allegations, Insurer Must Defend Property Management Company against Lawsuit for Unlawful Security Deposit and Late Fee Practices
Related Claim Provision Bars Coverage for Discrimination Claims Asserted Over a Six-Year Period
Related Claim Provision Bars Coverage for Discrimination Claims Asserted Over a Six-Year Period
First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
Fourth Circuit: Search Warrant Does Not Constitute a “Claim”
Fourth Circuit: Search Warrant Does Not Constitute a “Claim”
Eleventh Circuit Holds Filing of Charge with EEOC Constitutes An “Administrative Proceeding”
Eleventh Circuit Holds Filing of Charge with EEOC Constitutes An “Administrative Proceeding”
Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss
Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss
Wiley Executive Summary

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