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Insurer Cites Exclusion To Nix Coverage For BIPA Suits
Law360 (April 16, 2021, 3:39 PM EDT) Citizens Insurance Co. of America has urged an Illinois federal judge to hand it a win in its suit claiming an insured s underlying biometric privacy suits aren t covered, arguing its policy contains an exemption that clearly applies to the suits.
Citizens argued on Thursday that U.S. District Judge John Lee should side with it and find that it has no duty to defend Wynndalco Enterprises LLC against two underlying Biometric Information Privacy Act lawsuits in light of a policy exclusion for claims arising out of material that was distributed in violation of statutes.
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Judge Won t Pause BIPA Violation Suit Coverage Dispute
Law360 (January 27, 2021, 9:55 PM EST) An Illinois federal judge has refused IT company Wynndalco Enterprises LLC s bid to halt a coverage dispute with Citizens Insurance Co. of America, which is seeking to avoid defending the company in biometric privacy litigation, finding there is no reason to stall the case.
U.S. District Judge John Z. Lee said Tuesday that Wynndalco failed to show why the court should put Citizens declarative action on hold. The judge said the fact that the two underlying actions alleging violations of Illinois Biometric Information Privacy Act are ongoing and need further discovery has nothing to do with whether Citizens has a duty to provide a.