Viewpoint: Biometric Litigation Is Significant Emerging Risk for Insurers

[...]Zywave's data set of more than 1 million historical loss records includes over $1.3 billion in BIPA settlements to date. In July this year, the US District Court for the Northern District of Illinois, denied an Illinois insurer's motion for judgement on the pleadings, holding that the...

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Bibliographic Details
Published in:Insurance Journal 2023-09
Main Author: Blinn, James
Format: Article
Language:English
Subjects:
Biometrics
Class action lawsuits
District courts
Employees
Employment
Facial recognition technology
Federal court decisions
Genetic testing
Insurance coverage
Insurance industry
Legislation
Liability insurance
Privacy
Social networks
Third party
Violations
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Summary:[...]Zywave's data set of more than 1 million historical loss records includes over $1.3 billion in BIPA settlements to date. In July this year, the US District Court for the Northern District of Illinois, denied an Illinois insurer's motion for judgement on the pleadings, holding that the insurer had a duty to defend its insured in an underlying lawsuit that alleged the insured violated BIPA by requiring employees to scan their fingerprints to track their time and unlawfully collecting and disclosing their fingerprint data. Following the Illinois Supreme Court findings in May 2021, the District Court found that the underlying lawsuit similarly alleged the improper disclosure of employees' fingerprint data to at least one third-party in violation of BIPA, alleging the plaintiff suffered an injury, including mental anguish.
ISSN:0020-4714