West Bend Mutual Insurance Co. v. Krishna Schaumburg Tan, Inc.

This case presents question as to whether trial court properly granted defendants' (insured and others) motion for partial summary judgment in action by plaintiff-insurance company seeking declaration that it was not obligated to defend or indemnify defendant-insured in underlying class action by one of insured’s customers alleging that insured violated Biometric Information Privacy Act by disclosing her fingerprint data to out-of-state third-party vendor without her consent. Appellate Court, in affirming trial court, found that underlying complaint potentially fell within policies’ definition of “personal injury,” which policies defined as “injury, other than ‘bodily injury’ arising out of…oral or written publication of material that violates a person’s right of privacy.” In this regard, Appellate Court: (1) found that instant alleged transmission of fingerprint data qualified as “publication” as that term was used in policy; and (2) rejected plaintiff’s contention that publication required communication of information to public at large, rather than to single third-party.