Generative AI: Emerging risks and Insurance Coverage

Tamara D. Bruno
Tamara D. Bruno
Pillsbury Winthrop Shaw Pittman LLP

Partner Tamara Bruno leads the Texas section of Pillsbury’s Insurance Recovery & Advisory practice.

Aaron D. Coombs
Aaron D. Coombs
Pillsbury Winthrop Shaw Pittman LLP

Aaron Coombs is a counsel and represents policyholders in insurance coverage disputes and litigation.

On-Demand: December 18, 2023
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Program Summary

As the initial tidal wave of popular interest in Generative AI technology (set off widely with the public release of ChatGPT a year ago) begins to recede, risks associated with use of Generative AI have become more apparent. Across various industries and use cases, both systemic issues (such as training on copyrighted materials) and cautionary tales (such as counsel relying on AI-generated legal authorities) have been widely reported. There are nearly as many liability and operational risks associated with Generative AI as there are opportunities and, where there are risks, insurance coverage issues follow. This presentation will guide attendees through risks associated with current Generative AI tools, insurance coverage for claims or loss associated with such risks, and developments to look out for.

Key topics to be discussed:

  • Risks built into Generative AI tools and potential liability from use of their results
  • Liability exposure associated with information and materials loaded into Generative AI tools
  • Strategies for managing the risks associated with implementation or use of AI
  • Potential insurance coverage for Generative AI-related claims or losses under policies
  • Issues to look out for in procuring insurance for operations that include use of Generative AI
  • Anticipated insurance developments related to Generative AI such as exclusions and coverage conditions

Date / Time: December 18, 2023

Closed-captioning available

Speakers

Tamara D. Bruno | Pillsbury Winthrop Shaw Pittman LLP

Partner Tamara Bruno leads the Texas section of Pillsbury’s Insurance Recovery & Advisory practice, recently named a 2022 “Insurance Practice Group of the Year” by Law360, from Houston, though her practice spans the nation.

She advises companies and institutional policyholders on complex and cutting-edge issues involving insurance and risk and represents clients in high-stakes litigation involving insurance coverage disputes. Her experience spans a wide range of business insurance, including property and casualty coverage and a variety of liability coverages. Her primary focus is on specialized insurance coverages, including Directors & Officers liability, Cyber, Commercial Crime and Professional Liability insurance. Bruno advises and represents policyholders in all industries, including energy, technology, hospitality and consumer products.

Tamara is widely recognized for her work and expertise. She has been recognized by Best Lawyers, Law360 and Chambers USA for her notable successes in insurance litigation and was named a Law 360 MVP in September 2021 and an Insurance Rising Star by the International Financial Law Review in their 2020 Americas Rising Star Awards.

Additionally, Tamara served on Law360’s 2020 & 2022 Insurance Editorial Boards and is a member of The American Lawyer’s Young Lawyer Editorial Board. She served two terms as an elected council member for the Insurance Law Section of the Texas State Bar and is currently serving her second term on the Board of Directors for the Corporate Counsel section of the Houston Bar Association. She regularly writes and speaks on insurance law topics.

 

Aaron D. Coombs | Pillsbury Winthrop Shaw Pittman LLP

Aaron Coombs is a counsel and represents policyholders in insurance coverage disputes and litigation.

Aaron has experience in every stage of litigation, having represented clients with insurance disputes over cyber-attacks, government investigations, securities lawsuits, product liability, environmental contamination, and other claims. He also identifies gaps in coverage and assists clients in negotiating for improved terms and conditions. He has helped clients maximize their insurance assets under almost all types of insurance policies.

Aaron has experience across a range of industries, including food and beverage, life sciences, manufacturing, retail, technology and utilities.

Agenda

I. Risks built into Generative AI tools and potential liability from use of their results | 2:30pm – 2:45pm

II. Liability exposure associated with information and materials loaded into Generative AI tools | 2:45pm – 3:00pm

III. Strategies for managing the risks associated with implementation or use of AI | 3:00pm – 3:15pm

• Best practices for AI deployment
• Maintaining compliance with regulations
• Addressing ethical concerns

IV. Potential insurance coverage for Generative AI-related claims or losses under policies | 3:15pm – 3:30pm

• General liability
• Technology/media liability
• Professional liability (E&O)
• Directors and officers liability (D&O)
• Employment practices liability (EPLI) and cyber

Break | 3:30pm – 3:40pm

V. Issues to look out for in procuring insurance for operations that include use of Generative AI | 3:40pm – 3:55pm

VI. Anticipated insurance developments related to Generative AI such as exclusions and coverage conditions | 3:55pm – 4:10pm

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