Skip to content

Robert Tomilson and Myriah Jaworski Present to the Association of Life Insurance Counsel on Emerging Litigation Trends in Artificial Intelligence and Machine Learning

November 22, 2023

On October 3, 2023, Robert Tomilson and Myriah Jaworski, co-chairs of Clark Hill’s Artificial Intelligence and Emerging Technologies (AI/ET) practice, presented at the Association of Life Insurance Counsel (ALIC) on emerging trends in AI/ML litigation in Cincinnati, Ohio.  While the life insurance industry is on the verge of unprecedented change that will drastically shift the nature of how life and longevity is measured, Tomilson and Jaworski warned that the benefits of AI present equally challenging regulatory and litigation hurdles.  Newly proposed AI regulations in several states have life insurers remediating any detected unfair discrimination.  The Life insurers are being asked to estimate the race and ethnicity of all applicants for their life insurance products and to conduct detailed quantitative testing of models that use external consumer data and information sources for potential bias.  Negative results from these tests will undoubtedly spur increased litigation in an industry that has been beset by cost of insurance class action litigation.  Even absent the proposed regulations, insurance companies are being named defendants in class actions alleging the algorithms and artificial intelligence being used for administrative and claims handling purposes is systemically biased.

Clark Hill has assembled an interdisciplinary team to advise insurance companies on licensing and protecting AI/ML technologies as well as deploying these tools to ensure that they are compliant with existing (and proposed) insurance rules and regulations.

Subscribe For The Latest




2024 Cybersecurity and Data Privacy Laws Summit Chicago

This event will include a panel discussion with expert industry leaders, offering a deep dive into the most pressing issues and advancements in AI and data privacy laws. You’ll gain critical knowledge and explore the implications of AI in legal and privacy domains so you can update your practices to reflect the highest standards of data stewardship.

Explore more

WEBINAR: The Race to 2024: Politics and Social Media in the Workplace and Employer Rights.

Over the last several years, employers have seen and continue to see increased political activities from their employees at work and on social media platforms, including on business-related social media platforms, like LinkedIn. Managing employee expression causes unique challenges for employers and HR professionals, and in a General Election year, these challenges are likely to increase as the Presidential race, and other races, heat up.

Explore more

Webinar: A Cookieless Future and Promise of PETs: A Primer on Privacy Enhancing Technologies

This webinar will explore PETs – we will define what they are, what problems PETs exist to address, and emerging PET standards including the National Institute of Standards and Technology (NIST) draft guidance on how to evaluate PET effectiveness. We will provide specific PET use cases and discuss how PETs may be utilized to address the phase out of third party cookies by certain browsers for purposes of targeted advertising.

Explore more