Jordan Gerlach Associate

Jim Davis, Bradley Dlatt, and Jordan Gerlach authored an Expert Analysis article for Law360 - 7th Circ. Exclusion Ruling Will Narrow BIPA Coverage - highlighting the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act and what this means for companies planning to rely on their commercial general liability insurers to defend and indemnify them from potential BIPA liability.

Recently, the Seventh Circuit strayed from previous trends in Thermoflex Waukegan, LLC v. Mitsui Sumitomo Insurance USA, Inc., holding that an insurer had to defend its policyholder against a BIPA action under its umbrella policy, adopting a policyholder-favorable interpretation of an exclusion that has been subject to differing interpretations in Illinois state and federal courts.