Illinois Court Shines a (Heat) Lamp on Insurer’s Duty to Defend BIPA Claims

The attorneys of Barnes & Thornburg are providing real-time updates, analysis and information regarding the myriad business issues stemming from the COVID-19 pandemic, including with regard to the complicated insurance issues resulting from it. As businesses continue to confront the impacts of the pandemic on their operations, employees, customers and finances, there is some welcome news on a different “viral” front. In what may be a boon for businesses (including employers and other entities) facing litigation under the Illinois Biometric Information Privacy Act (BIPA), the Appellate Court of Illinois (First District) recently held that an insurer had a duty to defend its insured against a lawsuit brought under BIPA.