On March 31, the Illinois Appellate Court, First District, found that Taft’s client, technology company Remprex LLC, is owed insurance coverage for claims expenses resulting from the defense of a BIPA class action involving Remprex and CN Transportation Ltd. As it is rare for courts to find any coverage in BIPA cases, a finding of partial coverage is significant.

The panel found a trial court erred in denying coverage for claims expenses that Remprex incurred in defending against a lawsuit alleging that it unlawfully collected the underlying plaintiffs’ fingerprints as part of a railroad’s security gate system. The panel also concluded that the insurance company breached the terms of the Remprex policy and remanded the case to the trial court to determine Remprex’s damages against the insurer.

The case is Remprex LLC v. Certain Underwriters at Lloyd’s London, case numbers 1-21-1097 and 1-22-0308, in the Appellate Court of Illinois, First District.

The Taft appellate team included Chicago partners Jon Amarilio and Tim Eaton, and associate Paul Coogan. The Taft trial team included Chicago partner Dan Saeedi and associate Andrew Murphy.