Biometric Privacy Act Liability & Legislation

Presenters: Louis Nunez, CPCU, AU, ARM (Moderator), Hayes Ryan, J.D., Mitch Tarter, J.D. and Kimberly Evans, VP, AIC, AIS

Feb. 23, at 2 p.m. ET

The rising tide of litigation under the Illinois Biometric Information Privacy Act (BIPA) shows no sign of ebbing anytime soon. No industry is immune and other states are considering similar legislation. BIPA defines biometric information as any information based on a biometric identifier used to identify an individual. Breach or misuse of such biometric information can lead to litigation. Our panelists will discuss the latest legal cases, coverage wording applications, and risk management practices specific to BIPA.

Attendees will learn how BIPA touches general liability, employment practices liability, as well as cyber elements.  It is not restricted solely to medical or healthcare practitioners. The trend will be toward more states enacting such laws and increasing liability exposure. Businesses and their risk advisors are encouraged to address their vulnerability.




Louis Nunez, CPCU, AU, ARM (Moderator)

International Casualty Technical Underwriter 

Zurich North America   

Lou is a past President of the New York Chapter of the Society of Chartered Property Casualty Underwriters (1991-1992). Since earning his CPCU designation in 1983, Lou has served as the Chapter’s New Designee Representative, and chaired the Candidate Development, I-Day and Education Committees. With the National Society he has served and chaired the Candidate Development and Excess/Surplus/Specialty section committees as well as served on the Board of Directors and returned to National Service as the Chair of the Excess, Surplus, & Specialty Interest Group Committee. He continues to serve the Reinsurance, Excess, & Surplus Committee as a volunteer. He was a RIMS Scholar and a recipient of the Herbert L. Spencer Scholarship from the Risk and Insurance Management Society.   


Hayes Ryan, J.D. 


Gordon & Rees LLP

Hayes Ryan is the Managing Partner of Gordon & Rees' Chicago office and member of the firm's Executive Committee. He handles a wide range of litigation, including matters involving employment law, environmental and chemical exposure claims, product liability, business disputes, professional liability and consumer fraud. His experience includes lead counsel roles in jury trials and arbitrations. Mr. Ryan has well proven experience representing Fortune 500 clients in complex, multi-plaintiff product liability class actions and mass torts, including currently serving as National Coordinating Counsel for the largest full line wheel-service equipment manufacturer in North America.

Mr. Ryan's business and business owner clients also utilize his services to assist with various complex commercial disputes, including breach of contract, business fraud, investor disagreements, alliance and joint venture disputes, construction contracts, purchase and sale matters. He also serves as outside general counsel to a large regional health management provider that designs and administers partially self-funded healthcare plans for middle-market companies involving an extensive network of partnerships with broker/clients and strategic vendors.

Additionally, Mr. Ryan handles numerous real estate matters, including escrow, landlord-tenant class actions.  He also defends professional liability claims, including those focused on insurance agents and brokers.


Mitch Tarter, J.D.

Second Vice President and Sr. Contracts Specialist 

Gen Re

Mitch Tarter is a Second Vice President and Sr. Contracts Specialist at Gen Re based out of Stamford, CT. Within Gen Re’s Contract Unit, Mitch specializes in policy wordings across various lines of insurance, ranging from GL and Commercial Umbrella to EPLI and Cyber. Before joining Gen Re, Mitch worked in casualty product management roles at GuideOne and ISO. While at ISO, Mitch led the development and release of a number of highly impactful policy wording initiatives, including, the first edition ISO cannabis exclusions and coverage options, as well as the 2017 rewrite of the ISO designated premises endorsements. Mitch received his Bachelor’s Degree from Towson University in Maryland, followed by his J.D. from Rutgers Law School in New Jersey.


Kimberly Evans, VP, AIC, AIS

Senior Claim Account Executive & Technical Consultant 

McGriff Insurance Services, Inc

As a senior claim account executive for McGriff Insurance Services, Kim is a technical resource and advocate who is focused on reducing clients’ total cost of risk. She works aggressively to contain costs that drive insurance premiums by overseeing claims management, experience modification reduction, and the integration of loss-prevention efforts. Kim is an active voice for her clients and a significant resource in the resolution of challenging claim risk management issues. She has developed and maintains strong relationships with insurance carriers and third-party administrators to monitor and manage complex claims for our clients.

Kim graduated from Pennsylvania State University with a bachelor’s degree in political science/pre-law. She has served the insurance industry since 1994 and holds the AIC (Associate in Claims), AIS (Association in Insurance Services) and CLCS (Commercial Lines Coverage Specialist) professional designations. She is a licensed property and casualty agent in Maryland, Virginia and Washington D.C. Prior to working in the insurance industry, she worked for eight years as a paralegal for law firms involved in insurance defense and litigation.