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azon Echo in the home was cited as a
possible “witness” to the crime. Although
police did not get the evidence to prove
murder from that smart device, the suspect’s smart water heater indicated that
an exorbitant amount of water was used
in the early hours of the morning in what
police believe was an attempt to cover up
the murder.
Some attorneys are using wearable
technology to help prove that their clients didn’t attempt to cheat their insurers. Lawyers are using data gleaned via
smartwatches and fitness trackers to show
evidence of activity levels that are lower
than those of others in a similar position.
This data can be indicative of a workers’
compensation claimant who was actually
injured on the job, and whose activity is
hindered due to that injury.
The decision to allow in pacemaker ev-
idence is the first of its kind, but follows a
trend allowing social media content and
smart device data to be discovered. This
area of law is largely untested, and set-
ting a legal precedent and constitutional
privacy framework in direct response to
smart technology will help to reassure
consumers.
From an insurer’s perspective, discov-
ery demands must be narrowly tailored
in order to produce relevant information
and should be reasonably calculated to
lead to the development of admissible
evidence. If a fraudulent claim is made
and evidence presented on social media
proves the fraud, it is prudent to ensure
that the evidence is admissible in court
in case the insurer is sued for denying the
fraudulent claim. Admissible evidence
can then confirm that the claim was in-
deed fraudulent.
The possibilities of using smart tech-
nology in insurance coverage cases is
growing. Smart cement can be used in
place of regular cement and will be able
to detect crumbling, cracking, warping
and stressing. In the event of a collapse,
insurance companies could prove that the
state knew or should have known that the
bridge was at risk of collapsing, thus re-
ducing paid-out costs.
Smart ovens can warn homeowners if
their oven is at risk of being engulfed in
a fire. Smart locking systems and alarm
systems can show insurers if a break-in
occurred or if the homeowner is trying
to file a phony burglary claim. Fitness
trackers can show if a homeowner was
really out for a run while the house
caught fire. Although accessing data
collected from smart technology might
not be practical in the initial stages of
an investigation, and the sheer amount
of information available may make it
difficult to sift through, smart technology is a useful tool for insurers and insureds alike.
Hannah E. Smith, JD, (hsmith@alm.
com) is a staff writer with FC&S, the
premier resource for insurance coverage
analysis. Additional information about
FC&S Online is available at www.
NationalUnderwriter.com.
