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April 1, 2022
Citizens Insurance Co of America has been ordered by U.S. District Judge John Z. Lee to defend IT services firm Wynndalco Enterprises against two class actions that claim the company violated the Biometric Information Privacy Act (BIPA) of Illinois by giving the Chicago Police Department access to the controversial facial recognition database of Clearview AI. The exclusion in the policy for claims related to "Distribution of Material in Violation of Statutes" does not clearly exclude BIPA violation claims, Lee ruled. The insurer read the exclusion too broadly, according to the judge. David Golub of Silver Golub & Teitell, lead counsel for Addison, Illinois-based Wynndalco, declined to comment immediately.
Barbara Grzincic of Reuters reported on the decision: Reuters - Insurer Must Defend Clearview Facilitator Accused of BIPA Violation.