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Biometric Liability

Overview

States continue to pass new biometric privacy laws that to varying degrees increase liability risk for businesses that collect biometric information. The Illinois Biometric Information Privacy Act (BIPA) sets the standard for imposing liability, in that it creates a private right of action for individuals harmed by BIPA provisions – which has led to numerous 8- and even 9-figure settlements.  BIPA has also triggered a raft of insurance coverage disputes, as liability insurance companies have sought to invoke a cluster of ill-fitted exclusions in response to claims.  Illinois courts have found coverage under Commercial General Liability (CGL) and other liability insurance policies in most of these cases.

Members of Anderson Kill’s Biometric Liability Group have extensive experience litigating coverage disputes under a full range of liability insurance policies, including CGL, professional liability and D&O policies.  Team members have a deep grasp of both the policy language and insurance industry coverage defenses that come into play in biometric liability claims. As the articles listed to the left demonstrate, we have tracked the history of this coverage litigation from its beginnings, as well as the proliferation of state and international laws enacted to protect the privacy of consumers and employees who provide biometric data. We help our clients assess the risk, comply with the law, and pursue insurance coverage when liability does arise.

Publications

Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications
  • Journal of Emerging Issues in Litigation
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In Wynndalco, 7th Circuit Hands Another Win to Policyholders Facing BIPA Claims
  • Policyholder Alert
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Will Insurance Come To The Rescue In Biometric Data Handling Claims? New Privacy Laws Could Be Kryptonite for Liability Coverage
  • Risk & Insurance
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Proposed Statue Offers Sword and Shield to Protect Biometric Info
  • New York Law Journal
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INSURANCE CONSIDERATIONS FOR BIOMETRIC LIABILITY
  • Risk Management Magazine
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AMAZON SUED IN FIRST MAJOR BIOMETRIC PRIVACY LAWSUIT UNDER NYC BIOMETRIC PRIVACY LAW
  • Anderson Kill Policyholder Alert
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AUTONOMOUS VEHICLES: THE NEW TECHNOLOGY DRIVING THE LITIGATION CONVERSATION
  • Journal of Emerging Issues in Litigation
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ILLINOIS SUPREME COURT SAYS BIPA CLAIMANTS HAVE FIVE YEARS TO BRING CLAIMS
  • Anderson Kill Policyholder Alert
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BIOMETRIC PRIVACY LAWS: COMPANIES WILL NEED INSURANCE AS PROTECTION FROM NEW AND EXPANDING LIABILITY
  • Journal of Emerging Issues in Litigation
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WHILE NEW BIOMETRIC PRIVACY LAWS HAVE LED TO WIDESPREAD LITIGATION AND LARGE SETTLEMENTS, MOST COURTS HAVE HELD THAT INSURANCE COVERS THESE CLAIMS
  • New York Law Journal
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ILLINOIS FEDERAL COURT FINDS COVERAGE FOR POLICYHOLDERS FACING CLASS ACTIONS UNDER BIOMETRIC PRIVACY LAWS
  • Anderson Kill Policyholder Alert
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INSURANCE FOR LIABILITY STEMMING FROM BIOMETRIC PRIVACY LAWS
  • Corporate Counsel Business Journal (CCBJ)
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Identifying Insurance Coverage for Alleged Violations of the Illinois Biometric Information Privacy Act
  • Cyber Insurance Alert
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MAXIMIZING COVERAGE AMID THE BIOMETRIC LIABILITY WAVE
  • American Bar Association (ABA)
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Events

“Do You Have Insurance Coverage for That Fingerprint? Liability & Insurance Issues Arising Out of Biometrics” – Anderson Kill’s 27th Annual Policyholder Advisor Conference Webinar Series
  • John M. Leonard Cort T. Malone
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  • November 29, 2023
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  • Webinar
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A Sword and A Shield: How Existing and Proposed Satutes Protect Biometric Information, and the Effect of These Statutes on Insurance Coverage
  • John M. Leonard Seán McCabe
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  • August 24, 2023
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  • Webinar
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Do You Have Insurance Coverage for That Fingerprint? Liability and Insurance Issues Arising Out of Biometrics
  • John M. Leonard Cort T. Malone
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  • July 25, 2023
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  • Webinar
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Do You Have Insurance Coverage for That Fingerprint?
  • John M. Leonard
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  • November 2, 2023
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  • Belmont Country Club, 29601 Bates Road, Perrysburg, Ohio
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Insurance Coverage for Rising Biometric Liability Exposure
  • Cort T. Malone
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  • May 1, 2023
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  • Georgia World Congress Center, 285 Andrew Young International Blvd NW, Atlanta, GA
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RIMS 2022 Annual Conference: “Taking a Bio(metric) Break: Assessing Biometric Liability Risk and Insurance Coverage”
  • Cort T. Malone
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  • April 12, 2022
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  • Moscone Center, 747 Howard Street, San Francisco, CA 94103
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Insurance Issues Arising From the New Wave of Privacy and Biometric Litigation
  • Robert D. Chesler
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  • April 27, 2021
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News

Biometric Privacy Litigation and Coverage Disputes with John Leonard and Cort Malone
  • June 14, 2024
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Biometric privacy settlements spark insurance coverage battles
  • February 26, 2024
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John M. Leonard to Co-chair Anderson Kill’s Biometric Liability Group
  • May 8, 2023
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Experts Say Biometrics Suits, Coverage Fights Far From Over
  • July 12, 2022
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Policyholders’ Biometric Suit Coverage Buoyed By Ill. Ruling
  • March 24, 2020
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People

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Robert D. Chesler

Shareholder , Newark

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Fiona R. Hogan

Attorney , New York

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John P. Lacey Jr.

Attorney , Newark

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John M. Leonard

Shareholder , New York

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Dennis J. Nolan

Shareholder , New York

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Regan E. Samson

Attorney , New York

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Key Contact(s)
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Cort T. Malone
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John M. Leonard
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© Copyright 2024 by Anderson Kill P.C.