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.
Outline
- Statutory framework at federal, state, and municipal levels
- Triggers
- Policyholder view
- Insurer view
- Standing
- Pleading
- Exclusions
- Damages
Benefits
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?
Faculty
Cort T. Malone
Shareholder
Anderson Kill
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.
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Daniel J. Healy
Partner
Brown Rudnick
Mr. Healy is a seasoned trial attorney with more than 20 years of extensive courtroom experience in courts across... | Read More
Mr. Healy is a seasoned trial attorney with more than 20 years of extensive courtroom experience in courts across the country. He represents policyholders seeking insurance coverage and has successfully obtained coverage under numerous policy types, working with clients from a variety of industries, including technology companies, financial consultants, manufacturers, railroads, banks, financial service providers, retailers, medical service providers, and food and beverage providers. In addition, Mr. Healy regularly represents clients in disputes involving intellectual property rights and in proceedings before the U.S. Patent and Trademark Office. He has negotiated copyright and trademark resolutions, including licensing agreements, involving state, federal and international intellectual property rights. Mr. Healy is the author of Cyber Insurance Claims, Case Law, and Risk Management, a leading treatise on cyber insurance. He sits on Law360’s editorial board for Insurance Authority Specialty Lines and is a member of the American College of Coverage Counsel and is listed as a SuperLawyer as well as in Who’s Who in America. Mr. Healy is ranked as a leading insurance litigator by Best Lawyers, and Lawyer of the Year for Insurance Litigation in 2023.
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