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Defending the AI Claim Desk: Market Conduct Exams, AG Investigations, and Bad-Faith Exposure

AI now denies claims, and regulators and plaintiffs are reading the file. Build an exam-ready AI governance record, document human-in-the-loop review, answer Lokken-style discovery, and defend bad-faith claims before suit is filed.

2026-09-30 14:30:00

Program Details

2026-09-30 14:30:00

2026-09-30 14:30:00

2h CLE Credits

2026-09-30 14:30:00

Program Details

2026-09-30 14:30:00

Program Details

2026-09-30 14:30:00

Over 1,000+ webinars

2026-09-30 14:30:00

Course Overview

The Algorithm Denied the Claim — The File Has to Answer

2026-09-30 14:30:00

A model flagged the claim, a coordinator signed the denial, and the letter says a clinician reviewed it. That gap is now the case. Twenty-three states and D.C. have adopted the NAIC Model Bulletin, and the NAIC is piloting an AI Systems Evaluation Tool. Texas SB 815 bars automated systems from making adverse determinations.

Compliance is no longer a filing exercise. Skip the governance file, and the examiner finds the hole. Overstate physician review in marketing, and plaintiffs plead misrepresentation. The March 2026 Lokken order compelled nH Predict design documents back to January 2017, AI review board minutes, and medical director compensation metrics. Bifurcation failed, and trade secret objections did not stop production.

You leave with an AIS Program blueprint, an exam-readiness checklist, and vendor oversight standards. You leave with the human-in-the-loop record that proves independent review after the AI recommendation, not alongside it. And you leave with the privilege posture and protective order strategy that hold when the algorithm becomes the defendant.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Governance File
What an AIS Program file must contain to survive a market conduct exam.
02
Regulatory Baseline
How the NAIC Model Bulletin and the AI Systems Evaluation Tool pilot set expectations.
03
State Mandates
How New York, Colorado, California, and Texas rules change your claim documentation.
04
Vendor Oversight
How vendor audits, board-level governance, and audit trails withstand enforcement scrutiny.
05
Bad-Faith Theories
How process failure and misrepresentation claims turn AI denials into class exposure.
06
Discovery Defense
How the Lokken template shapes production, privilege, protective orders, and human-review proof.

Program schedule

clock 2:30 pm - 3:30 pm EST

Building an AI Claims Governance File That Survives the Exam

This session equips insurance defense and compliance counsel with the documentation frameworks, regulatory benchmarks, and governance structures regulators now expect when examining AI-assisted claims operations. Attorneys will learn what a defensible AI Systems Program file must contain under the NAIC Model Bulletin, state-specific mandates from New York, Colorado, and California, and the emerging NAIC AI Systems Evaluation Tool pilot. Attendees will leave with practical guidance on audit trail maintenance, vendor oversight documentation, board-level governance requirements, and the common deficiencies that invite enforcement action.

Matthew P. KerisMatthew P. Keris
Frank RamosFrank Ramos
clock 3:40 pm - 4:40 pm EST

Defending AI Claim-Handling Suits: Discovery Battles and Bad-Faith Containment

This session examines the litigation and discovery dynamics confronting insurers and their counsel when AI-driven claims decisions are challenged as bad faith. Attorneys will work through the Lokken discovery template, the emerging bad-faith theories built on process failure and misrepresentation, and the regulatory landscape that plaintiffs use to establish the standard of care. Attendees will leave able to anticipate plaintiff discovery demands, structure privilege preservation around AI governance materials, and deploy the key defenses — human-in-the-loop documentation, protective orders, and regulatory compliance narratives — before litigation is filed.

Matthew P. KerisMatthew P. Keris
Frank RamosFrank Ramos
Matthew P. Keris

Matthew P. Keris

Marshall Dennehey

Frank Ramos

Frank Ramos

Goldberg Segalla

Matthew P. Keris

Matthew P. Keris

Marshall Dennehey

Matthew P. Keris has defended health care providers, businesses, and device manufacturers in civil litigation for thirty years. He is a shareholder in Marshall Dennehey’s Health Care Department and Chair of the firm’s Electronic Medical Record and Audit Trail Practice Group, working from the firm’s Scranton, Pennsylvania office. His practice centers on the electronic medical record, the audit trail, and the litigation and discovery consequences of artificial intelligence in health care.

Education & Credentials

Mr. Keris earned his J.D. from Roger Williams University School of Law in 1996 and his B.A., cum laude, from Shippensburg University of Pennsylvania in 1993. He is admitted to practice in Pennsylvania (1996), New York (2011), and Connecticut (2021), and before the U.S. District Court for the Middle District of Pennsylvania (2000), the U.S. District Court for the Northern District of New York (2020), and the Supreme Court of the United States (2023).

Recognition & Leadership

Mr. Keris chairs Marshall Dennehey’s Electronic Medical Record and Audit Trail Practice Group and is a shareholder in the firm’s Health Care Department. He is President of the Pennsylvania Association for Health Care Risk Management for 2026, his third term in that office after 2012 and 2016, and previously served as President of the DRI Foundation and President of the Pennsylvania Defense Institute. He is a former Board Member of DRI, received the DRI Leadership Award and the DRI Foundation Community Service Award in 2023, is rated AV Preeminent by Martindale-Hubbell, and is listed in The Best Lawyers in America for Medical Malpractice Law – Defendants (2023–2026) and Litigation – Health Care (2024–2026).

Professional Involvement

He sits on the advisory board of American Legal Connections and is a co-editor of its newsletter, and he belongs to the American Society for Health Care Risk Management and the Claim and Litigation Management Alliance. He speaks and writes regularly on the electronic medical record, the audit trail, and the litigation and discovery issues raised by the implementation and use of AI in health care, including service as a keynote panelist at the ASHRM 2024 annual conference.

Experience

For thirty years, Mr. Keris has represented health care providers, businesses, and medical device manufacturers in civil litigation, with a practice spanning medical malpractice defense, nursing home liability, dental malpractice, and electronic medical record and audit trail disputes — including the discovery fights that follow the deployment of AI-assisted decision systems.
Frank Ramos

Frank Ramos

Goldberg Segalla

Frank Ramos is a nationally recognized litigator with more than 26 years of experience defending clients in civil matters, including retail, product liability, premises liability, trucking, insurance, and commercial disputes. He has taken numerous cases to verdict and advises businesses across the hospitality, retail, development, and fitness industries.

Education & Credentials

Mr. Ramos earned his J.D., magna cum laude, from the University of Miami School of Law in 1997 and his B.A., summa cum laude, from Florida International University in 1993. He has been a member of The Florida Bar since 1997 and is admitted before the U.S. District Courts for the Southern and Middle Districts of Florida.

Recognition & Leadership

Mr. Ramos is a nationally recognized litigator who was twice named Miami’s Product Liability Lawyer of the Year by Best Lawyers in America (2020 and 2023) and Miami’s Lawyer of the Year for Personal Injury Litigation – Defendants in 2025. He is rated AV Preeminent by Martindale-Hubbell, has been listed in Florida Super Lawyers since 2013, was named to Forbes America’s Best-in-State Lawyers in 2025, and received The Florida Bar’s Mentor of the Year award in 2025 and the FDCC Andrew C. Hecker Award in 2024. Known as the “Miami Mentor,” he is also a leading voice on AI adoption, helping clients meet the legal and regulatory challenges that come with it.

Professional Involvement

Mr. Ramos serves on the Board of Directors of the Federation of Defense and Corporate Counsel as its Secretary-Treasurer for 2026, and he served as Vice Chair of the FDCC AI Committee and Chair of its Diversity Committee. He is a past President of the Florida Defense Lawyers Association and a member of DRI and the Miami-Dade Defense Bar Association. A prolific author and mentor, he has written 20 books and more than 500 articles guiding the next generation of lawyers, and he counsels clients on the legal and regulatory questions raised by AI adoption.

Experience

With more than 26 years of experience, Mr. Ramos defends clients in retail, product liability, premises liability, trucking, insurance, and commercial disputes, and has taken numerous cases to verdict. He advises businesses across the hospitality, retail, development, and fitness industries, and his practice spans retail and hospitality, product liability, toxic tort, transportation, commercial litigation and arbitration, and alternative dispute resolution. His product liability work covers toxic exposure and personal injury claims in the pharmaceutical, construction, medical device, and automotive sectors.
Matthew P. Keris

Matthew P. Keris

Marshall Dennehey

Matthew P. Keris has defended health care providers, businesses, and device manufacturers in civil litigation for thirty years. He is a shareholder in Marshall Dennehey’s Health Care Department and Chair of the firm’s Electronic Medical Record and Audit Trail Practice Group, working from the firm’s Scranton, Pennsylvania office. His practice centers on the electronic medical record, the audit trail, and the litigation and discovery consequences of artificial intelligence in health care.

Education & Credentials

Mr. Keris earned his J.D. from Roger Williams University School of Law in 1996 and his B.A., cum laude, from Shippensburg University of Pennsylvania in 1993. He is admitted to practice in Pennsylvania (1996), New York (2011), and Connecticut (2021), and before the U.S. District Court for the Middle District of Pennsylvania (2000), the U.S. District Court for the Northern District of New York (2020), and the Supreme Court of the United States (2023).

Recognition & Leadership

Mr. Keris chairs Marshall Dennehey’s Electronic Medical Record and Audit Trail Practice Group and is a shareholder in the firm’s Health Care Department. He is President of the Pennsylvania Association for Health Care Risk Management for 2026, his third term in that office after 2012 and 2016, and previously served as President of the DRI Foundation and President of the Pennsylvania Defense Institute. He is a former Board Member of DRI, received the DRI Leadership Award and the DRI Foundation Community Service Award in 2023, is rated AV Preeminent by Martindale-Hubbell, and is listed in The Best Lawyers in America for Medical Malpractice Law – Defendants (2023–2026) and Litigation – Health Care (2024–2026).

Professional Involvement

He sits on the advisory board of American Legal Connections and is a co-editor of its newsletter, and he belongs to the American Society for Health Care Risk Management and the Claim and Litigation Management Alliance. He speaks and writes regularly on the electronic medical record, the audit trail, and the litigation and discovery issues raised by the implementation and use of AI in health care, including service as a keynote panelist at the ASHRM 2024 annual conference.

Experience

For thirty years, Mr. Keris has represented health care providers, businesses, and medical device manufacturers in civil litigation, with a practice spanning medical malpractice defense, nursing home liability, dental malpractice, and electronic medical record and audit trail disputes — including the discovery fights that follow the deployment of AI-assisted decision systems.
Frank Ramos

Frank Ramos

Goldberg Segalla

Frank Ramos is a nationally recognized litigator with more than 26 years of experience defending clients in civil matters, including retail, product liability, premises liability, trucking, insurance, and commercial disputes. He has taken numerous cases to verdict and advises businesses across the hospitality, retail, development, and fitness industries.

Education & Credentials

Mr. Ramos earned his J.D., magna cum laude, from the University of Miami School of Law in 1997 and his B.A., summa cum laude, from Florida International University in 1993. He has been a member of The Florida Bar since 1997 and is admitted before the U.S. District Courts for the Southern and Middle Districts of Florida.

Recognition & Leadership

Mr. Ramos is a nationally recognized litigator who was twice named Miami’s Product Liability Lawyer of the Year by Best Lawyers in America (2020 and 2023) and Miami’s Lawyer of the Year for Personal Injury Litigation – Defendants in 2025. He is rated AV Preeminent by Martindale-Hubbell, has been listed in Florida Super Lawyers since 2013, was named to Forbes America’s Best-in-State Lawyers in 2025, and received The Florida Bar’s Mentor of the Year award in 2025 and the FDCC Andrew C. Hecker Award in 2024. Known as the “Miami Mentor,” he is also a leading voice on AI adoption, helping clients meet the legal and regulatory challenges that come with it.

Professional Involvement

Mr. Ramos serves on the Board of Directors of the Federation of Defense and Corporate Counsel as its Secretary-Treasurer for 2026, and he served as Vice Chair of the FDCC AI Committee and Chair of its Diversity Committee. He is a past President of the Florida Defense Lawyers Association and a member of DRI and the Miami-Dade Defense Bar Association. A prolific author and mentor, he has written 20 books and more than 500 articles guiding the next generation of lawyers, and he counsels clients on the legal and regulatory questions raised by AI adoption.

Experience

With more than 26 years of experience, Mr. Ramos defends clients in retail, product liability, premises liability, trucking, insurance, and commercial disputes, and has taken numerous cases to verdict. He advises businesses across the hospitality, retail, development, and fitness industries, and his practice spans retail and hospitality, product liability, toxic tort, transportation, commercial litigation and arbitration, and alternative dispute resolution. His product liability work covers toxic exposure and personal injury claims in the pharmaceutical, construction, medical device, and automotive sectors.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Pending
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs