CBA Record May-June 2025

the private entity disclosed, redisclosed, or disseminated the same biometric iden tifier or information of the same person to the same recipient. The second law involves written consent for the collection of biometric information under BIPA; the new law allows written consent to include electronic signatures. Ryan also discussed whether the BIPA biometric exemption applies to health care workers, an issue currently up for appeal. Insurance for BIPA Violations Finally, Dlatt spoke about insurance and whether companies are covered for BIPA violations under their policies. The issue

was first raised in West Bend Mutual Insur ance Company v. Krishna Schaumburg Tan, Inc. 2021 IL 125978. In its 2021 opinion, the Illinois Supreme Court ruled in favor of the policyholder. The Court held that the insurance company had to defend the policyholder against allega tions that the policyholder violated BIPA by distributing a customer’s fingerprints to a third party. Dlatt wrapped up his remarks by emphasizing that insurance companies will not cover claims related to catch all exclusions, noting that the Illinois Supreme Court has declined to grant leave to appeal in cases where insurance carriers have contended that a catch-all

exclusion prevents coverage for BIPA lawsuits. However, he noted that the U.S. Court of Appeals for the Seventh Circuit has determined that the catch-all exclusion does not apply to BIPA claims. Citizens Insurance Company of America v. Wynndalco Enterprises, LLC , No. 22-2313 (7th Cir. 2023). Led by co-chairs Judge Thomas Mor rissey and Judge James McGing and vice chairs Judge Jasmine V. Hernandez and Judge Joseph Panarese, the Committee meets in person at the Daley Center on the first Wednesday of the month. To join the committee, sign up at www.chica gobar.org or send an email to Meredith Loehr at mloehr@chicagobar.org.

CBA RECORD 19