Insurance Coverage for Generative AI Risks: Legacy, Cyber, and New Specialty Policies; Emerging Exclusions

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Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Insurance
- event Date
Tuesday, October 28, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
This CLE webinar will discuss first- and third-party claims that arise from the use or incorporation of generative AI into business processes or products. The panel will consider the types of losses that might occur, potential causes of action against users and developers, and the potential sources of insurance coverage under legacy policies, under specialty policies for AI or cyber, and the proliferation of AI exclusions.
Faculty

In Mr. Bernicker's transactional and advisory practice, he has assisted startups, small businesses, and nonprofits with a range of matters, including incorporation, mergers & acquisitions, trademark clearance & registration, and data privacy. He has also advised individuals, including professional athletes in the United States and England, on immigration, estate planning, and tax matters. As a litigator, Mr. Bernicker has represented people in civil, criminal, and administrative proceedings at every level, from trials in county courts to appeals in the Supreme Court of the United States. He is licensed to practice law in Pennsylvania and the District of Columbia and to represent people before federal agencies, the U.S. Courts of Appeals for the First, Second, and Sixth Circuits, and the U.S. District Court for the District of Columbia. He is also qualified to advise clients on English law.
Description
As some renowned commentators have noted, the "damage" occasioned by AI is not actually new, but AI systems are so complex and often involve so many different parties and interactions that determining how harm occurred and who is responsible is challenging. Risk is difficult to mitigate if users cannot fully understand how AI works and what could go wrong.
Generative AI can malfunction, leading to property damage, personal injury, or death. Content that AI creates can violate copyrights. False content or hallucinations can result in defamation, misrepresentation, or fraud claims. Data analysis and decision-making can give rise to claims of bias, bad faith, and breach of privacy.
Insurance covers losses caused by certain things or only if not caused by certain other things in which case the losses are excluded. Policyholders and insurers are grappling with how losses created in whole or in part by generative AI should be covered, and practitioners should understand this developing area.
Listen as our panel discusses coverage issues under legacy policies, under specialty policies for AI or cyber, and the proliferation of AI and other exclusions.
Outline
I. Types of losses or claims
II. Coverage options under legacy policies
III. Coverage under specialty policies
IV. Emerging exclusions
Benefits
The panel will consider these and other important issues:
- How are insurance policies adapting to AI risks?
- What exclusions or limitations in standard policies can leave AI losses uncovered?
- How are insurers defining AI?
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Related Courses

Navigating Bad Faith Claims by Non-Insureds: Insurer and Policyholder Strategies
Tuesday, November 18, 2025
1:00 p.m. ET./10:00 a.m. PT

Insurance Coverage for Generative AI Risks: Legacy, Cyber, and New Specialty Policies; Emerging Exclusions
Tuesday, October 28, 2025
1:00 p.m. ET./10:00 a.m. PT

Insurance Policy Rescission After a Claim is Filed: Bad Faith and Third-Party Claims
Thursday, October 9, 2025
1:00 p.m. ET./10:00 a.m. PT
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