Mitsui Sumitomo’s Partial Win Upheld in BIPA Coverage Dispute

Mitsui Sumitomo Insurance USA will still have a duty to defend policyholder Thermoflex Waukegan LLC in a biometric privacy class action, but not until after another primary insurance policy’s options have been exhausted, a federal appeals panel said, upholding a lower court’s ruling.

A three-judge panel with the US Court of Appeals for the Seventh Circuit unanimously upheld a district court’s ruling that Mitsui Sumitomo will be required to defend Thermoflex under its umbrella policy with the company, according to the opinion issued Friday by Judge Frank H. Easterbrook. The panel reiterated that the insurer will not be obligated ...