Insurers Avoid Covering Cost of Biometric Privacy Act Lawsuit

A packaging company caught up in biometric privacy litigation lost its bid to get its insurers to defend it after a North Carolina federal judge found Biometric Information Privacy Act claims are excluded from the policy coverage.

Because BIPA is at the core of the lawsuit levied against Impact Fulfillment Services LLC, the Massachusetts Bay Insurance Co. and the Hanover American Insurance Co. don’t have to pay up, Judge William L. Osteen Jr. wrote in an opinion filed Sept. 24 in the U.S. District Court for the Middle District of North Carolina.

Attorneys representing Impact didn’t immediately respond to a ...