MassMutual, PacLife and State Farm Face Genetic Privacy Suits

Three life insurers face lawsuits from consumers in Illinois who object to use of family history questions in life insurance underwriting.

The plaintiffs contend that use of family history questions violates the Illinois Genetic Information Privacy Act of 1998, or GIPA.

Attorneys with McGuire Law filed all three suits. The suits name affiliates of MassMutual, Pacific Life and State Farm as the defendants. All three plaintiffs are seeking class-action status.

A representative from Pacific Life declined to comment on pending litigation. Representatives for MassMutual and State Farm did not respond to requests for comment.

GIPA: The federal Genetic Information Non-Discrimination Act of 2008, or GINA, regulates how insurers in all states use genetic information, including information about people’s family medical history.

The Health Insurance Portability and Accountability Act of 1996 also includes provisions that define genetic information and regulate its use.

GINA provisions can hold down damages, and the courts have tended to limit plaintiffs’ ability to use GINA as the basis for class-action lawsuits, according to an analysis by a team at Faegre Drinker.