125978 Apr 2026

Did policy exclusions for "statutory violations" apply to BIPA? 🛡️ Key Rulings from the Court

: The court ruled that sharing biometric data with even a single third-party vendor —in this case, the salon's fingerprint system provider—constituted a "publication". 125978

The Illinois Supreme Court ultimately sided with the policyholder, establishing several critical precedents: Did policy exclusions for "statutory violations" apply to

: West Bend argued that a "violation of statutes" exclusion barred coverage. However, the court ruled this exclusion only applied to statutes governing methods of communication (like the TCPA or CAN-SPAM Act), not privacy laws like BIPA. 📈 Why This Matters for Businesses However, the court ruled this exclusion only applied

This decision was a major victory for policyholders, often referred to as a win for —situations where traditional policies end up covering cyber-related risks because they aren't explicitly excluded.

: The court found that BIPA violations fall under the policy’s "personal injury" provision, which covers injuries arising from the "publication" of material that violates a person's right of privacy .