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COOK COUNTY RECORD

Saturday, November 2, 2024

Class action: Northwestern Mutual Life violates IL genetic privacy law by asking applicants about family medical history

Lawsuits
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Andrew Heldut | Facebook.com/andrewtheldut

CHICAGO – An Illinois resident has filed a class action lawsuit against the Northwestern Mutual Life Insurance Company, claiming that the company wrongly required applicants to share information about their family medical histories, which the plaintiffs claim amounts to "genetic information" allegedly protected by an Illinois privacy law.

Plaintiff Brenden Biesen filed a class action lawsuit in Cook County Circuit Court against the Northwestern Mutual Life Insurance Company, citing violations of the Illinois Genetic Information Privacy Act (GIPA).

According to court documents, Biesen, a resident of Illinois, claims that in April of 2022, he applied for life insurance with the Northwestern Mutual Life Insurance Company. Biesen claims that Northwestern Mutual requires customers to provide "genetic information," specifically their family medical history, during the life insurance application process and physical exams.

The lawsuit states that the Illinois General Assembly enacted GIPA to regulate the use of genetic information by insurers, recognizing the sensitive nature of such information and the potential for discrimination. GIPA prohibits insurers from using genetic information for underwriting purposes, including the assessment of eligibility or computation of premiums. The plaintiff contends that Northwestern Mutual violated GIPA by requesting and utilizing protected genetic information for underwriting purposes.

Biesen is seeking certification of his class action lawsuit to represent individuals who applied for insurance coverage with Northwestern Mutual in Illinois and from whom the company requested or obtained family medical history or other genetic information within the applicable limitation period. He is seeking damages of $2,500–$15,000 per alleged violation for himself and everyone in the class action lawsuit, plus interest, attorney's fees, court costs and other relief.

The plaintiff is represented by attorneys Timothy P. Kingsbury, Andrew T. Heldut and Colin P. Buscarini, of McGuire Law P.C., in Chicago.

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