a young man in suit in his office showing an insurance policy and pointing with a pen where the policyholder must to sign. Credit: nito/Adobe Stock The "violation-of-law exclusion" at issue in the case has divided courts. (Credit: nito/Adobe Stock)

The Illinois First District Appellate Court recently went against precedent set by the U.S. Court of Appeals for the Seventh Circuit in an insurance coverage lawsuit, finding two insurance companies didn't owe a duty to defend an employer in an underlying Biometric Information Privacy Act class action lawsuit.

Respectfully disagreeing with the Seventh Circuit's 2023 decision in Citizens Insurance Co. of America v. Wynndalco Enterprises, the Illinois appellate court held that National Fire Insurance Co. of Hartford and Continental Insurance Co. didn't owe packaging company Visual Pak Co. a duty to defend in a BIPA suit over employee fingerprints that settled for $19.5 million, according to a Dec. 19 opinion authored by Justice David Ellis.

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Litigation