Insurer Duty to Defend Biometric-Related Statutory Violations: Triggers, Standing, Pleading, Exclusions
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar is about when and how liability insurance of various kinds will give rise to the duty to defend alleged violations of statutes regulating the collection and disclosure of biometric-related information, including fingerprints, facial recognition, voice recordings, and even keystroke patterns. The panel will explore theories of coverage, relevant exclusions, and how plaintiffs are pleading into, if not indemnity coverage, at least the duty to defend.
- Statutory framework at federal, state, and municipal levels
- Policyholder view
- Insurer view
The panel will review these and other core issues:
- Will procedural violations of applicable statutes governing the collection and disclosure of biometric information trigger invasion of privacy exclusions in general liability policies?
- Will the company's commitment to abide by "all applicable" laws trigger coverage under employment liability practices policies?
- What exclusions may preclude the duty to defend claims under biometric-related statutes, and who has the burden of establishing them?
- What are best approaches when the only thing clear is that everything is unclear?
Cort T. Malone
Mr. Malone is a shareholder in the New York and Stamford offices of Anderson Kill and practices in the Insurance... | Read More
Mr. Malone is a shareholder in the New York and Stamford offices of Anderson Kill and practices in the Insurance Recovery and the Corporate and Commercial Litigation Departments. He is an experienced litigator, focusing on insurance coverage litigation and dispute resolution, with an emphasis on commercial general liability insurance, directors and officers insurance, employment practices liability insurance, advertising injury insurance, and property insurance issues. Mr. Malone is also a member of the firm's Hospitality, Environmental Law, Cyber Insurance Recovery and COVID Task groups.Close
Daniel J. Healy
Mr. Healy represents policyholders seeking insurance coverage, and is Deputy Co-Chair of the Cyber Insurance Recovery... | Read More
Mr. Healy represents policyholders seeking insurance coverage, and is Deputy Co-Chair of the Cyber Insurance Recovery Practice Group, as well as a member of the firm's Regulated Products Group. He previously served as a Trial Attorney with the United States Department of Justice, Tax Division. He served as lead trial counsel litigating cases involving tax shelters, fraud, substantive tax disputes and claims to real property. He often writes and speaks about insurance recovery issues.Close