Insurers Seek To Avoid Coverage For BIPA Claims By Using Old Exclusions For New Purposes

When Illinois enacted the Biometric Information Privacy Act in 2008 (BIPA), the concept of "biometric privacy protection" was foreign to many observers. Yet less than 20 years later, consumers are familiar with the concept of biometric privacy and class action plaintiffs' lawyers have spotted an opportunity. As many other states and cities have enacted (or are in the process of enacting) analogous biometric privacy laws, class actions are likely to increase. And like night follows day, insurers will look for ways to avoid their obligations to cover these claims.

Because Illinois' BIPA is among the most robust biometric privacy laws in the country, developments related to its interpretation and application are likely to impact the evolution of biometric data-related lawsuits across the nation. Notably, 2022 witnessed the first jury verdict involving allegations of BIPA violations, when a federal jury in Chicago awarded $228 million in damages to railroad workers