Experts Say Biometrics Suits, Coverage Fights Far From Over

Law360 Insurance Authority

  • July 12, 2022

The growing use of biometric data combined with a rising number of state laws aimed at protecting the information will likely lead to more underlying class actions and insurance coverage disputes, experts said during a webinar on Wednesday.

During the webinar presented by Strafford Publications Inc., Anderson Kill PC's Cort T. Malone and Daniel J. Healy - who represent policyholders - predicted that the use of fingerprints, facial recognition and retinal scans as a means for accessing buildings and accounts, which has risen dramatically over the last five years, will likely surpass the use of passwords.

"The things that used to be science fiction are here and now," Malone said.

. . .

"This holding was great for policyholders because it said, in fact, even just providing a copy to one single party is enough to meet that requirement," Healy said. "There is no need for there to be a large audience."

Shortly after the Illinois high court's ruling, though, federal judges in North Carolina and Illinois issued rulings that an employment-related practices exclusion and "recording and distribution" exclusion applied to relieve insurers of the duty to defend, Healy and Malone said.

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