Peter Syregelas Secures Win for Insurer Client in BIPA Class Action Lawsuit

Peter Syregelas successfully defended our insurer client in a complex coverage dispute involving allegations under the Illinois Biometric Information Privacy Act (BIPA). Our client’s insured sought defense in a proposed class-action lawsuit brought by a former employee, who claimed that the company violated BIPA by collecting and distributing their biometric data without proper consent.

Our insurer client initially declined coverage, citing a policy exclusion related to the recording and distribution of information in violation of law. When the insured tendered its defense, the insurer stood firm in its denial and proactively sought a declaratory judgment in federal court to confirm its position.

Despite the insured’s arguments, and after cross-motions for summary judgment, the federal judge ruled in favor of our insurer client. The court found that the policy’s exclusion clearly encompassed BIPA claims, effectively barring coverage and affirming that the insurer had no duty to defend the insured in the underlying lawsuit.

View the full result here.