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Insurers Add Biometric Exclusions as Privacy Lawsuits Pile Up

Bloomberg Law

Insurers are ramping up efforts to exclude biometric liability coverage as more courts rule they must cover businesses sued for using employees and consumers’ fingerprints and face scans without consent.


Insurers aren’t sitting still as more states look to pass laws similar to the landmark Illinois Biometric Information Privacy Act—which lets individuals and states sue businesses for violations. Insurers are adding BIPA exclusions to policies, conducting tougher underwriting with potentially higher premiums, and looking to sue outside of Illinois.

“In the next year or so, the BIPA exclusions are going to be very prevalent,” said Seth Lamden, a partner at Blank Rome who works with staffing companies and other businesses in insurance coverage disputes.


Lamden said previously nonexistent BIPA exclusions are showing up in his clients’ new general and professional liability policy forms. “Insurers may also sublimit coverage for these types of losses,” he said.

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"Insurers Add Biometric Exclusions as Privacy Lawsuits Pile Up," by Daphne Zhang was published in Bloomberg Law on June 30, 2022.