Nos. 23-1521 & 23-1578 THERMOFLEX WAUKEGAN, LLC, Plaintiff-Appellant, Cross-Appellee,

v. MITSUI SUMITOMO INSURANCE USA, INC., Defendant-Appellee, Cross-Appellant. ____________________

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division. No. 21 C 788 — John Z. Lee and Thomas M. Durkin, Judges. ____________________

ARGUED JANUARY 17, 2024 — DECIDED MAY 17, 2024 ____________________

Before FLAUM, EASTERBROOK, and PRYOR, Circuit Judges. EASTERBROOK, Circuit Judge. Thermoflex Waukegan re- quired hourly workers to use handprints to clock in and out. This led to a claim that doing so without workers’ wriXen con- sent, and using a third party to process the data, violated the Biometric Information Privacy Act, 740 ILCS 14/1 to 14/20 (BIPA or the Act). Thermoflex had multiple insurance policies in force during the years in question, including three from Mitsui Sumitomo Insurance. We call these the Basic, Excess, 2 Nos. 23-1521 & 23