Insurance Coverage for Biometric-Data Claims: Exploring the Next Frontier

This CLE, presented by Tae Andrews of Miller Friel PLLC, will provide a broad overview of a cutting-edge area of law: insurance coverage for biometric-data claims. The presentation will explain what biometric data is and how various statutes enacted to protect the collection and disclosure of biometric data work. From there, the presentation will delve into the types of insurance policies that can cover and protect policyholders from biometric-data privacy claims. We will then review the Supreme Court of Illinois's recent decision in the landmark Krishna Schaumburg case (West Bend Mutual Insurance Company v. Krishna Schaumburg Tan, Inc., 2021 IL 125978 (May 20, 2021)) and analyze the effects of the ruling for Commercial General Liability (CGL) policyholders everywhere. Finally, the presentation will conclude with a summary of current, unresolved coverage issues in dispute and preview upcoming issues that will likely be resolved by the end of 2021 or in early 2022.  

Learning Objectives: 

1. Identify examples of biometric data and explain why compromised biometric data presents a greater security risk than conventional security measures

2. Articulate the purpose behind biometric-data privacy statutes and explain how they work 

3. Identify types of insurance policies and coverages that can cover biometric-data privacy claims