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Legal Issues

AI has implications for policyholders on two main fronts: (1) insurance companies are using AI tools as part of the underwriting and claims handling functions; and (2) policyholders are bound to use AI tools in ways that will cause harm and, in turn, lead to insurance claims. Anderson Kill has decades of experience on both fronts.

 

First, our attorneys have a deep understanding of how the underwriting and claims handling functions are performed and what can go right – and wrong – when new technologies are folded into an insurance company’s operations.  There is a risk that AI can be misused by insurance companies to improperly curtail claims payments, and Anderson Kill is at the vanguard of protecting against such abuses.  Second, insurance claims arising out of mishaps with AI are not dissimilar from the sorts of problems that Anderson Kill has been solving for clients since the early 1980’s.  And just as it has led the policyholder bar for the past fifty years, Anderson Kill is out in front addressing new wrinkles in AI-related claims as they arise.

 

As AI integrates into the insurance industry and policyholders’ businesses, Anderson Kill will be out in front, addressing questions with insurance industry leaders, regulators and lawyers and coming up with innovative solutions for our clients.

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RECENT INSIGHTS

AI Did What? Don't Let Your Insurance Company Use the Involvement of AI Technology to Reduce Your Insurance for a Claim

By William Passannante (2023) / LINK

AI Bias Concerns Grow As Property Risk Modeling Advances

By Law360 (2023), quoting William Passannante / LINK

Insurance Coverage for ChatGPT Legal Fiasco: A Hypothetical

By William Passannante (2023) / LINK

Artificial Intelligence, Real Liabilities, and Likely Insurance Coverage Disputes in First Party Claims

At NAPIA, Dennis Artese and Cort Malone (2023) / LINK

States continue to pass new biometric privacy laws that to varying degrees increase liability risk for businesses that collect biometric information. The Illinois Biometric Information Privacy Act (BIPA) sets the standard for imposing liability, in that it creates a private right of action for individuals harmed by BIPA provisions – which has led to numerous 8- and even 9-figure settlements.  BIPA has also triggered a raft of insurance coverage disputes, as liability insurance companies have sought to invoke a cluster of ill-fitted exclusions in response to claims.  Illinois courts have found coverage under Commercial General Liability (CGL) and other liability insurance policies in most of these cases.

 

The Anderson Kill Biometric Liability Group has extensive experience litigating coverage disputes under a full range of liability insurance policies, including CGL, professional liability and D&O policies.  Team members have a deep grasp of both the policy language and insurance industry coverage defenses that come into play in biometric liability claims. As the articles listed to the left demonstrate, we have tracked the history of this coverage litigation from its beginnings, as well as the proliferation of state and international laws enacted to protect the privacy of consumers and employees who provide biometric data. We help our clients assess the risk, comply with the law, and pursue insurance coverage when liability does arise.

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RECENT INSIGHTS

Do You Have Insurance Coverage for That Fingerprint? Liability and Insurance Issues Arising Out of Biometrics

By Cort Malone and John Leonard (2023) / LINK

Insurance Considerations for Biometric Liability

By Cort Malone and Jade Sobh (2023) / LINK

Will Insurance Companies Come to the Rescue in Biometric Data Handling Claims?

By Cort Malone and James Goodridge (2023) / LINK

Insurance Coverage Implications for New York City's New Biometric Information Law

By Cort Malone and James Goodridge (2021) / LINK

In the wake of intensifying storms, flooding, wildfires, and other effects of the planet’s warming, Anderson Kill attorneys help businesses maximize property and business income insurance coverage, as well as coverage for third-party claims, including alleged failures to disclose climate change risks and litigation seeking damages for alleged contributions to global warming.

 

The AK Climate Change and Disaster Recovery Group has decades of experience representing clients in complex property, business interruption and contingent business interruption claims. Team members, always representing policyholders, have successfully resolved eight- and nine-figure claims for property damage and business income losses resulting from hurricanes and other natural disasters, fires, explosions, water damage, lightning, construction accidents, the September 11 attacks, and other perils.

 

After Hurricanes Katrina, Sandy, Harvey, Irma, and Maria, our attorneys represented national hospitality companies, banks, telecommunications companies, power companies, manufacturers, hospitals, car rental companies, and commercial and multifamily property owners in securing coverage through negotiation and litigation for property damage and business interruption losses.

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RECENT INSIGHTS

Floods, Fires, Hurricanes: Emerging Issues in Climate Change Insurance Coverage

By Dennis Artese, Rhonda Orin, Cameron Argetsinger (2023) / LINK

Climate Change, ESG, and D&O Insurance:  Collision or Cooperation?

By Dennis Artese, Robert Chesler, Joseph Vila (2022) / LINK

Strategies for Maximizing Insurance Recovery for Climate Change Related Loss and Damage

By Dennis Artese (2022) / LINK

Rapid Response to Maximize Insurance Recovery After Hurricanes

By Dennis Artese (2021) / LINK

Property Insurance Allocations When Storms Strike Back-to-Back

By Finley Harckham and Dennis Artese (2018) / LINK

Understanding Post-Storm Business Interruption Coverage

By Finley Harckham and Marshall Gilinsky (2017) / LINK

The Environmental Impact of Major Hurricanes: From Sandy to Irma

By Robert Horkovich and John Nevius (2017) / LINK

As cybersecurity risks continue to evolve and escalate, the prospect of undergoing a cyberattack is more a question of “when” than “if” for most companies. The Anderson Kill cybersecurity team includes an author of leading treatises on cyber insurance recovery; former government officials and federal and state prosecutors; IP attorneys with extensive tech experience; and attorneys with deep understanding of the technical as well as legal aspects of cybersecurity and compliance.

 

Our cybersecurity attorneys help clients to establish working relationships with state and federal agencies overseeing cybersecurity, develop policies to ensure compliance with key national privacy and data protection laws (e.g., EU’s General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA)) and relevant state statutes and regulations (including biometric privacy laws, and establish cybersecurity, crisis management and disaster recovery plans and teams that address the full range of potential incidents and establish lines of communication and authority. We also assist in-house personnel in the event of a data breach or attack.

 

In today’s high-risk cyber environment, effective prevention and crisis response are a continuum.  Our team is well equipped to help clients avoid cyber losses and liabilities, mitigate them when they do occur, and maximize insurance recovery after the fact.

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RECENT INSIGHTS

Cyber Risk and Insurance Claims Survival Guide

By Joshua Gold, Luma Al-Shibib, Dennis Nolan (2023) / LINK

New Cyber Risks from Regulators and Insurance Carriers

By Sean McCabe (2023) / LINK

A Review of Cyber Coverage Decisions from 2022: A Policyholder's Perspective

By Luma Al-Shibib and James Goodridge (2023) / LINK

A Fast-Moving Topic: Cyber Coverage in 2022

By Joshua Gold (2021) / LINK

Utilizing D&O Coverage for Cyber Claims

By Joshua Gold (2021) / LINK

Potential Insurance Coverage Issues Resulting From A Cyber Breach

By Luma Al-Shibib (2020) / LINK

Businesses of all types and sizes are often faced with allegations involving harassment, sexual abuse, assault and other similar claims.  In responding to such claims, it is essential to understand that most businesses have numerous insurance policies that cover these claims.  Long before the #metoo movement, religious institutions, preparatory schools, colleges and universities, and all kinds of businesses have been dealing with these very serious and potentially explosive allegations.

 

Anderson Kill has a group of seasoned insurance coverage attorneys that provide counsel to clients grappling with the critical and delicate issues raised by these claims for over a decade.  The firm’s Sexual Harassment and Abuse Insurance Recovery Group is at the vanguard in assisting clients with these claims – having recovered hundreds of millions of dollars in insurance proceeds to defend against claims and compensate claimants.

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RECENT INSIGHTS

Insurance Coverage Exists for Sexual Abuse Claims

By Robert Chesler and John Lacey Jr. (2023) / LINK

Insurance Coverage for Sexual Abuse & Harassment Claims

By Dennis Artese, Carrie, DiCanio, Marshall Gilinsky, Pamela Hans (2023) / LINK

Seventh Circuit Requires Insurance to Fund Settlement With Victims of Larry Nassar's Sexual Abuse

By Marshall Gilinsky, Pamela Hans, Fiona Hogan (2022) / LINK

Insurance Coverage for Sexual Abuse Claims

By Dennis Artese, Marshall Gilinsky, Pamela Hans (2021) / LINK

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