Insurance Companies’ Duty to Defend Biometric-Related Statutory Violations: Triggers, Standing, Pleading, and Exclusions (On-Demand)

General Credits:
Original Date Of Course:



Course Description

The bad news: litigation alleging that companies have violated privacy laws protecting the use of individuals’ biometric information has continued to proliferate, as hundreds of claims have been brought under the private right of action enacted by the Illinois Biometric Information Privacy Act (BIPA). The good news: 2022 was a good year for policyholders seeking insurance coverage for biometric-related liabilities. In the majority of cases, Illinois courts found insurance coverage for companies facing liability for alleged BIPA violations. The flashpoint insurance issue involves invasion of privacy, which can be covered by policy types including general liability, employment practices, directors and officers, and cyber. While most BIPA coverage cases decided to date have favored coverage, policyholders must be wary of potential exclusions for such claims when fighting for existing coverage or renewing an insurance program. This session will detail the coverage issues related to biometric claims, insurance company defenses, and treatment thus far by courts that have faced these issues.


  1. Definition of Biometric Data
  2. Why It Matters
  3. State Statutes Governing the Collection of Biometric Data
  4. State Statues That Grant a Private Right of Action
  5. How Lawsuits Are Styled
  6. Insurance Coverage Options
  7. Key Exclusions


Cort T. Malone, Esq.

Credit Details

Course Type

Course Instructor

Cort T. Malone, Esq.

Original Date Of Course

General Credits