The Illinois Supreme Court issued a much-anticipated opinion in Tims v. Black Horse Carriers, Inc., 2023 IL 127801 on February 2, 2023. Tims settles — once and for all — the burning question of which statute of limitations applies to claims advanced under the Illinois Biometric Information Privacy Act (“BIPA”). Under the appellate opinion, Tims v. Black Horse Carriers,
Privacy Risk Report
Tressler’s Privacy Practice Group brings you recent developments and insights on cyber liability, privacy and data storage.
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Split Emerging Within Northern District of Illinois Concerning Application of ERP Exclusion in BIPA Lawsuits
On March 8, 2022, the Northern District of Illinois issued an opinion in State Auto. Mut. Insur. Co. v. Tony’s Finer Foods Enter., Inc., et al., 20-CV-6199, 2022 WL 683688 (N.D. Ill. Mar. 8, 2022) again addressing whether insurance coverage existed for an employer with respect to its employee’s claims of violations of the Illinois…
Northern District Injects Confusion as to Whether Insurers Can Rely on the Employment-Related Practices Exclusion to Preclude Coverage for an Employee BIPA Suit
On March 1, 2022, the Northern District of Illinois issued an opinion in Citizens Insur. Co of Am., & Hanover Insur. Co. v. Thermoflex Waukegan, LLC, 20-CV-05980, 2022 WL 602534 (N.D. Ill. Mar. 1, 2022) addressing whether insurance coverage existed for an employer with respect to its employee’s claims of violations of the Illinois Biometric…
The Illinois Workers’ Compensation Act Does Not Bar An Employee’s Claim Under BIPA
In McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, the Illinois Supreme Court issued an opinion finding the exclusive remedy provisions of the Illinois Workers’ Compensation Act (“Compensation Act”) 820 ILCS 305/1 et seq. does not bar an employee’s claim for statutory damages under the Illinois Biometric Information Privacy Act (“BIPA”), 40 ILCS 14/1…
Northern District of Illinois Finds Employment-Related Practices Exclusion Applies to BIPA Suit
On January 7, 2022, the Northern District issued an opinion regarding whether the claims contained in a lawsuit alleging the violation of the Illinois Biometric Information Privacy Act (“BIPA”), 40 ILCS 14/1 et seq., were covered under a Businessowners’ Liability Policy. An employee of the insured filed a class action complaint in Kankakee County, Illinois,…
Did An Illinois Court Intend To Limit Coverage For BIPA Claims Under CGL Policies To One Year?
“Publication” has always been an important consideration under the Personal Injury prong of commercial general liability policies (“CGL”). Likewise, questions related to “publication” are growing in importance in litigation involving Illinois’ Biometric Information Privacy Act (“BIPA”). For example, Illinois courts have previously found that BIPA claims involving “publication” of biometric information to a third party…
Fifth Circuit Rejects Insurance Carrier’s Arguments As “Salami-Slicing Distinctions” In Finding Coverage For Breach Of Contract Claims Related To Data Breach
In a decision last week entitled Landry’s, Inc. v. The Ins. Co. Of The State Of Pennsylvania, No. 19-20430, 2021 WL 3075937 (5th Circ., July 21, 2021), the Fifth Circuit Court of Appeals found coverage under a CGL Policy for a traditional data breach. More particularly, the Fifth Circuit held the insurer has a duty…
Illinois Supreme Court Finds “Publication” In Some BIPA Claims
On May 20, 2021, the Illinois Supreme Court delivered its opinion in W. Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978[1] regarding whether the claims contained in a lawsuit alleging the violation of the Biometric Information Privacy Act (“BIPA”) were covered under a business owners’ liability policy.
In the underlying…
Hack Attack: Indiana Supreme Court Examines Ransomware Coverage
The Indiana Supreme Court became one of the first state high courts to weigh in and issue a decision on whether crime insurance provides coverage for ransomware attacks. The trial court’s ruling in favor of Continental Western Insurance Co.’s motion for summary judgment upheld the denial of G&G Oil Co.’s bid for coverage. The Supreme…
The Illinois Legislature and the Illinois Supreme Court Take Steps to Bring Balance to BIPA
There is no question that the Illinois Biometric Information Protection Act of 2008 (“BIPA”) has given rise to a number of unique questions under both privacy law and insurance law. First, many data collectors caught in the crosshairs of BIPA are surprised to learn this law has been in effect since 2008. Further, a substantial…