News & Analysis as of

Data Collection Insurance Industry

Eversheds Sutherland (US) LLP

NAIC proposes evaluation tool for AI systems used by insurers

On July 7th, the NAIC’s Big Data and AI Working Group (Working Group) exposed a draft of an AI Systems Evaluation Tool (Evaluation Tool). The stated purpose is to provide regulators with a tool that enables them to identify...more

Cozen O'Connor

Nebraska AG Latest to Hit the Brakes on GM Data Practices

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Nebraska AG Mike Hilgers sued General Motors LLC and its subsidiary OnStar LLC (collectively, “GM”) over allegations that GM misled vehicle purchasers into enrolling in programs that collected and shared their driving data...more

Faegre Drinker Biddle & Reath LLP

Colorado Division of Insurance Takes Next Steps to Expand AI-Related Governance and Risk Management Obligations for Insurers

The complex and evolving AI regulatory landscape for insurers is again on the move. The Colorado Division of Insurance (the Division) has commenced the formal rulemaking process to amend and expand the reach of current...more

Faegre Drinker Biddle & Reath LLP

California SB 354: A New Era in Insurance Consumer Privacy

The past few years have seen a surge of activities from states with respect to the introduction and adoption of consumer privacy bills. These bills vary from state to state, but generally include requirements around data...more

Osano

Don’t Mess with Texas: The First Lawsuit Under a State Data Privacy Law

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“Don’t Mess with Texas.” It’s an evocative phrase, which is probably why it survived so long past its humble origins as a 1980s campaign slogan to discourage drivers from littering on Texan highways....more

Vinson & Elkins LLP

Texas AG Targets Allstate in First Enforcement of Texas Data Privacy and Security Act

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On January 13, 2025, Texas Attorney General Ken Paxton (“Texas AG”) filed the first-ever enforcement action under the Texas Data Privacy and Security Act (“TDPSA”) against insurance company Allstate and its subsidiary, Arity...more

Alston & Bird

Texas AG Files Complaint Against Major Insurance Company Regarding Data Practices

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The Texas Office of the Attorney General recently has become increasingly interested in the practices of organizations who collect and utilize consumer data. On January 13, 2025, the Attorney General of Texas, Ken Paxton,...more

Baker Botts L.L.P.

A Landmark Lawsuit in Data Privacy: Texas v. Allstate

Baker Botts L.L.P. on

In a groundbreaking enforcement action, Texas Attorney General Ken Paxton has filed a lawsuit against Allstate Corporation and its subsidiary Arity, alleging systematic violations of the Texas Data Privacy and Security Act...more

Husch Blackwell LLP

Texas Files First Privacy Law Enforcement Action

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On January 13, 2025, Texas Attorney General’s Office filed its first lawsuit enforcing the Texas Data Privacy and Security Act (“TDPSA”). The law went into effect on July 1, 2024. The complaint also states claims under Texas’...more

Polsinelli

Kansas Insurance Department Issues Data Call to All Third Party Administrators Licensed in Kansas

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The Kansas Insurance Department (“Department”) recently issued a Data Call to all Third Party Administrators (“TPAs”) licensed in the state of Kansas. Pursuant to the Data Call, the Department has requested information...more

Searcy Denney Scarola Barnhart & Shipley

Virtual Reality in Accident Reconstruction: How High-Tech Tools Are Changing Florida’s Legal Cases

Advancements in technology are revolutionizing the way legal cases are presented in Florida’s courtrooms, particularly in personal injury and accident-related claims. One of the most powerful tools emerging in this field is...more

Latham & Watkins LLP

FCA Publishes Results of Non-Financial Misconduct Survey

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The data provides important insights to assist firms with their ongoing work in this area. On 25 October 2024, the FCA published the results of a survey on non-financial misconduct it undertook earlier in the year...more

Robinson+Cole Data Privacy + Security Insider

Illinois Biometric Information Privacy Act Amendment May Make Waves in Litigation Trends

Last week, Illinois Governor JB Pritzker signed S.B. 2979 to amend the Biometric Information Privacy Act (BIPA) immediately to define the repeated collection of the same biometric data without consent as a SINGLE, COLLECTIVE...more

Robins Kaplan LLP

AI’s Impact on Property Insurance Coverage

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Artificial Intelligence (AI) is the simulation of human intelligence processes by machines, such as computer systems for assistance in quickly answering complicated questions, researching a specific topic, or creating an...more

Proskauer - Regulatory & Compliance

Consumer Duty Implementation for Insurance Firms: Good and Poor Practice

On 26 June 2024, the United Kingdom’s Financial Conduct Authority (“FCA”) published the findings of its multi-firm review of how insurance firms are implementing the Consumer Duty. In particular, the FCA was seeking to...more

ArentFox Schiff

FTC Makes Statement on Connected Vehicle Data as Major Automaker Faces Class Action for Data Sharing Practices

ArentFox Schiff on

Connected cars have been on the FTC’s radar for years. Its most recent blog post specifically highlights the Commission’s concerns regarding over collecting-- and the risk of secondary uses-- of sensitive data, such as...more

Jenner & Block

Client Alert: The Illinois State Courts Strike Back: The Future of BIPA Litigation After Visual Pak

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The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a...more

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

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2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...more

King & Spalding

New Jersey Enacts Privacy Law

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On January 8, 2024, New Jersey’s State Legislature passed the Disclosure and Accountability Transparency Act (the “Data Act”). Following Governor’s signature within 45 days, the Data Act would take effect one (1) year after...more

BCLP

The Future of Insurance - Colorado’s New ECDIS and AI Model Regulations

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On September 21, 2023, the Colorado Division of Insurance adopted a Final Regulation implementing S.B. 21-169, the 2021 law governing Colorado-licensed insurers’ use of external consumer data and information sources (ECDIS),...more

Eversheds Sutherland (US) LLP

Federal Insurance Office announces plans for “first of its kind” climate data call on homeowners’ insurance

On November 1, 2023 the Department of the Treasury’s Federal Insurance Office (FIO) formally submitted a request to proceed with a climate-related financial risk data collection for homeowners’ multi-peril underwriting data...more

Troutman Pepper Locke

NAIC Privacy Protections Working Group Moves Forward to Revise Consumer Privacy ‎‎Protections Model Act

Troutman Pepper Locke on

The NAIC is developing a new Consumer Privacy Protections Model Act (# 674) which will ‎replace the preexisting Insurance Information & Privacy Protection Model Act (# 670) and ‎Privacy of Consumer Financial & Health...more

Eversheds Sutherland (US) LLP

The march to regulatory change for artificial intelligence: the commonalities between the EU and US

This briefing links up some commonalities between the EU and US in terms of the AI march to regulatory change. Our global regulatory specialists have put their heads together for this update on EU, New York City (NYC) and...more

A&O Shearman

Artificial Intelligence in insurance – innovating in a world of increased regulation

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The potential benefits of deploying artificial intelligence (AI) (and in particular, machine learning (ML) techniques) within the insurance industry have been the subject of much market discussion and increased focus over...more

Perkins Coie

Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure

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The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act (BIPA) and created potentially catastrophic exposure for Illinois businesses. In a close 4-3...more

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