CBA Record July-August 2025

THE YOUNG LAWYERS SECTION

One of These Statutes is Not Like the Others: The Seventh Circuit Holds that BIPA Does Not Fall within Insurance Coverage Exclusion By J. Kopczyk, YLS Journal Co-Editor-in-Chief

I n May, the Seventh Circuit reversed the Northern District of Illinois’ partial grant of summary judgment for the insurer in a coverage dispute stemming from an underlying class action that brought claims against the insured based on its violation of the Illinois Biometric Privacy Act. The Seventh Circuit’s opinion in Citizens Insurance Company of America v. Mullins Food Prod ucts, Inc., 135 F.4th 1082 (2025), adds another wrinkle to the fabric of BIPA litigation in this state. The Seventh Circuit tackled two exclusions examined in numerous state and federal insurance coverage cases, the first being termed the “Access or Disclosure Exclusion” and the second the “Statutory Violations Exclusion.” The Seventh Circuit affirmed the Northern District of Illinois’ holding that the Access or Disclosure Exclusion applied to BIPA. In doing so, it analyzed case law concerned with insurance coverage under BIPA. In particular, in a footnote, the Seventh Circuit recounted its interpretation of exclusion provisions simi

lar to the Access of Disclosure Exclusion at issue. It stated that a heading could inform the understanding of the text that follows, but it could not broaden the reach of any particular exclusion. With that focus in mind, the Access or Disclosure Exclusion was straightforward and explicit within the understanding of an ordi nary individual—who happened to be reading their insurance coverage contract. The Statutory Violations Exclusion was a different matter. It enumerated several statutes that were excluded from coverage by the insurance policy at issue, specifically the Telephone Con sumer Protection Act (TCPA), the CAN-SPAM Act, and the Fair Credit Reporting Act (FCRA) before its broad catch-all provi sion. In short, that catch-all provision excluded coverage for any statutory violation concerned with the dissemination or distribu tion of information. The Northern District of Illinois held that BIPA violations fell into this catch-all provision. Not so fast! Per the Seventh Circuit, the canon of construc

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