EAST ST. LOUIS — The insurers of a St. Clair County ice cream and yogurt shop business allege they have no duty to defend a lawsuit alleging violations of the Illinois Biometric Information Privacy Act (BIPA) filed by an employee.
State Auto Property and Casualty Insurance Company and State Automobile Mutual Insurance Company filed a complaint Sept. 14 in the U.S. District Court for the Southern District of Illinois against Fruit Fusion Inc., Taylor Patt, individually and on behalf of all others similarly situated, alleging no duty to defend.
According to the plaintiffs' complaint, their insured, Fruit Fusion, holds commercial general liability insurance polices for its ice cream and yogurt shop businesses in Belleville and Fairview Heights. They claim that a Fruit Fusion employee, Patt has filed a suit in the St. Clair County Circuit Court, alleging the company's use of employee fingerprint scans to clock in and out is in violation of BIPA. The plaintiffs allege they do not have a duty to defend Fruit Fusion because their policies include only coverage for bodily injury, property damage and personal and advertising injury. The plaintiffs further allege Fruit Fusion's policies do not cover claims of BIPA violations or injury arising out of employment-related practices. They also claim Fruit Fusion "may contend" that the Illinois Workers' Compensation Act provides remedy for Patt's BIPA claim against them.
The plaintiffs seek monetary and all other just relief. They are represented by Robert Chemers of Pretzel & Stouffer, Chartered in Chicago.
U.S. District Court for the Southern District of Illinois case number 3:21-CV-01132-NJR