
By: Rosa Tumialán
The debate concerning the applicability of general liability policies to claims arising out of violations of the Illinois Biometric Information Privacy Act (“BIPA”) has not gone all that well for insurers. The Illinois Supreme Court in West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978, held that a BIPA violation satisfies the publication criterion of the advertising injury coverage grant. The Krishna court then proceeded to hold that the Recording and Distribution exclusion did not apply in part because the version of the exclusion at issue, in that case, did not prohibit the “collection” of data—the specific
Continue Reading The Debate About GL Converge for BIPA Claims is Not Over — It is Just Starting