About the Course
Introduction
This CLE webinar will discuss AI regulation and enforcement in insurance. The panel will address what practices are being targeted, which states have passed or are considering specific statutes about insurer use of AI, heightened AI governance standards and the NAIC AI Risk Evaluation Supplement, and the role compliance may play in liability or damages assessment.
Description
What concerns states and state insurance commissioners about AI has not changed so much as expanded and grown more complex. Originally, their primary concern was that AI would make decisions detrimental to policyholders. Regulators are now equally troubled about potential harm to insurers themselves, such as data breaches, security gaps, rogue agents, third-party vendors, etc.
Some states have enacted specific laws addressing insurer use of AI, often to address specific issues. The NAIC Supplement creates a model examination for regulators to assess if the insurer's AI use is adequately governed, identify high-risk models (such as "frontier AI"), and more. Regulators now expect insurers to have a robust, functioning AI governance program across all insurer AI that addresses regulator concerns and allows quick intervention if a problem arises.
Compliance or noncompliance with practices that statutes approve or disapprove will likely shape the types of claims against insurers and the defenses they assert. Similarly, regulatory findings on insurer AI use and governance will take on increased significance in determining whether insurers complied with industry practices or legal standards.
Listen as this esteemed panel navigates through the maze of state regulation of insurer use of AI, heightened scrutiny of governance programs, the expanding risks of AI use to insurers and policyholders, the impact of the Supplement, and how insurer examinations may become evidence in different types of litigation.
Presented By
Mr. Horkovich has obtained over $8 billion in settlements and judgments from insurance companies for his clients. He is a trial lawyer with substantial experience in trying complex insurance coverage actions on behalf of corporate policyholders and governmental entities. Mr. Horkovich’s victories include one of the top 10 jury verdicts in the United States, the top insurance recovery jury verdict in the United States, seven landmark state Supreme Court decisions, eight jury verdicts and nine bench trial decisions in favor of the policyholder including engaging on several significant projects by the United Nations as its general insurance counsel and the state of California where Anderson Kill served as lead trial in the state's suit against dozens of insurance companies over coverage for cleanup of the Stringfellow Acid Pits (what a federal court described as the most complex environmental clean-up in the world). Mr. Horkovich is a frequent author and lecturer on insurance recovery topics.
Professor Marzen is the William A. Donan Professor of Business Administration and Professor of Business Law at the Smeal College of Business. He received a B.A. from Grinnell College in 2005 and a J.D. from Saint Louis University in 2008. Professor Marzen practiced in an insurance defense law firm in Omaha, Nebraska prior to serving twelve years on the faculty of the College of Business at Florida State University. He is a member of the state bar of Iowa. Professor Marzen is an author or co-author of approximately 76 published or forthcoming academic articles.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, December 15, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Novel risks of AI and machine learning
II. State statutes specifically about insurer AI
III. Other states' regulation and guidance
IV. NAIC Bulletin and Supplement
V. Role of examination findings in litigation
VI. Strategies for insurers
VII. Strategies for policyholders
The panel will evaluate these and other issues:
- Which states have specific statutes on insurer use of AI, and what objections have kept some states from enacting statutes?
- What are the risks to insurers' own businesses of using AI?
- What does an effective AI governance policy look like?
- What type of governance is required for AI that is itself used to manage compliance and AI governance?
- When will the results of regulator examinations likely be relevant, and what types of objections to production should be expected?
Related Courses
AI Regulation in Insurance: Navigating State Approaches on Governance and Compliance During Increased Scrutiny
Tuesday, December 15, 2026
1:00 PM ET/10:00 AM PT
