Plaintiff filed a declaratory judgment action seeking a declaration that defendant had a duty to defend with regard to alleged violations of the Biometric Information Privacy Act. Plaintiff also alleged breach of contract, bad-faith, violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, and common law fraud. The trial court granted defendant’s motion to dismiss and plaintiff appealed. The appellate court affirmed in part and reversed in part, finding that the trial court erred in denying coverage for claims expenses that plaintiff incurred in defending a lawsuit alleging that it had unlawfully collected biometric data but otherwise affirmed the trial court’s dismissal of the complaint. (MIKVA and C.A. WALKER, concurring)
Illinois Appellate Court
Civil Court
Insurance Coverage