On August 2, 2024, Illinois Governor J.B. Pritzker signed amendments to the Illinois Biometric Information Privacy Act (BIPA) that introduce changes that mitigate, but do not eliminate, some potential liabilities. As BIPA exposures persist, businesses must continue to evaluate how their insurance might respond to related lawsuits. Navigating insurance availability in this context presents complex, evolving challenges that often defy straightforward answers. Indeed, courts interpreting materially similar insurance policy language have reached conflicting or even contradictory decisions, but this emerging case law offers policyholders valuable coverage arguments they might not initially consider.

Click here to view the full article