Session 1: The Use of AI by the Insurance Industry

Description: The insurance industry will use AI in underwriting and claims handling. This program will address what policyholders need to know and what information policyholders should seek before and after claims are denied by computer programs.

Key topics:

• The NAIC Bulletins re AI in the Insurance Industry
• Abuses in the Insurance Industry’s Use of AI
• What Policyholder should do in the course of claims handling
• What Discovery Policyholders should seek before and after AI claims denial

Session 2: Regulating AI in Insurance: Compliance Frameworks and Coverage Litigation Risks

Description:

1. Relevant Recent or Current Regulations and Their Impact on Insurers and Insureds a. January 2026 Updates to the California CCPA i. Primary Areas of Insurance-Related Application ii. Impact on Insurers iii. Impact on Insureds b. February 2026 Colorado Artificial Intelligence Act (SB 24-205) i. Primary Areas of Insurance-Related Application ii. Impact on Insurers iii. Impact on Insureds c. December 2025 Executive Order 14635 i. Primary Areas of Insurance-Related Application ii. Impact on Insurers iii. Impact on Insureds d. EU General Data Protection Regulation (GDPR) — Article 22 i. Primary Areas of Insurance-Related Application ii. Impact on Insurers iii. Impact on Insureds
2. The NAIC Business Model Bulletin on the Use of AI Systems by Insurers a. Primary Areas of Regulation b. Impact on Insurers c. Impact on Insureds
3. Important Considerations for Coverage Litigation a. Direct Cause of Action b. Impact on Other Claims c. Discovery d. Litigation Risk of AI-Specific Activities (e.g., Automated Decision Making, Pricing Decisions, Use of AI in Claims Handling) e. Secondary Litigation (e.g., allocation of claims, definition of terms)