In the matter of Remprex, LLC v. Certain Underwriters at Lloyd’s London, policyholder Remprex was thrust into two separate class actions, both involving alleged violations of the Biometric Information Privacy Act (“BIPA”). Remprex could not receive coverage under their media liability policy due to an exclusion of coverage for losses arising from the unlawful collection or retention of personally identifiable information or other personal information by or on behalf of the insured organization. However, they nonetheless prevailed in extracting coverage from their carrier thanks to an exception to that exclusion to cover expenses incurred in defending the insured against allegations to the unlawful collection of personally identifiable information.
Read more about the lawsuits and appeals at SDV Insights. There is a take-home message for businesses considering their insurance needs. SDV writes:
Policyholders should always be wary of the long lists of exclusions in their media liability policies, but they also should take a reassuring and careful note of the exceptions to the exclusions as well, proving to be an ultimate tool for coverage, even in the face of seemingly exhaustive exclusions in any given policy, as was the case here.
