States continue to pass new biometric privacy laws that to varying degrees increase liability risk for businesses that collect biometric information. The Illinois Biometric Information Privacy Act (BIPA) sets the standard for imposing liability, in that it creates a private right of action for individuals harmed by BIPA provisions – which has led to numerous 8- and even 9-figure settlements. BIPA has also triggered a raft of insurance coverage disputes, as liability insurance companies have sought to invoke a cluster of ill-fitted exclusions in response to claims. Illinois courts have found coverage under Commercial General Liability (CGL) and other liability insurance policies in most of these cases.
Members of Anderson Kill’s Biometric Liability Group have extensive experience litigating coverage disputes under a full range of liability insurance policies, including CGL, professional liability and D&O policies. Team members have a deep grasp of both the policy language and insurance industry coverage defenses that come into play in biometric liability claims. As the articles listed to the left demonstrate, we have tracked the history of this coverage litigation from its beginnings, as well as the proliferation of state and international laws enacted to protect the privacy of consumers and employees who provide biometric data. We help our clients assess the risk, comply with the law, and pursue insurance coverage when liability does arise.