Did policy exclusions for "statutory violations" apply to BIPA? 🛡️ Key Rulings from the Court
: The court found that BIPA violations fall under the policy’s "personal injury" provision, which covers injuries arising from the "publication" of material that violates a person's right of privacy .
The case began when a customer filed a class-action lawsuit against a tanning salon, , alleging the salon collected fingerprints without providing the proper written disclosures required by BIPA.
Krishna sought a legal defense from its insurer, , under its commercial general liability (CGL) policy. West Bend refused, sparking a legal battle over two main questions: Did a BIPA violation count as a "personal injury"?
: West Bend argued that a "violation of statutes" exclusion barred coverage. However, the court ruled this exclusion only applied to statutes governing methods of communication (like the TCPA or CAN-SPAM Act), not privacy laws like BIPA. 📈 Why This Matters for Businesses
Did policy exclusions for "statutory violations" apply to BIPA? 🛡️ Key Rulings from the Court
: The court found that BIPA violations fall under the policy’s "personal injury" provision, which covers injuries arising from the "publication" of material that violates a person's right of privacy .
The case began when a customer filed a class-action lawsuit against a tanning salon, , alleging the salon collected fingerprints without providing the proper written disclosures required by BIPA.
Krishna sought a legal defense from its insurer, , under its commercial general liability (CGL) policy. West Bend refused, sparking a legal battle over two main questions: Did a BIPA violation count as a "personal injury"?
: West Bend argued that a "violation of statutes" exclusion barred coverage. However, the court ruled this exclusion only applied to statutes governing methods of communication (like the TCPA or CAN-SPAM Act), not privacy laws like BIPA. 📈 Why This Matters for Businesses