Insurance Exclusions for AI Liabilities: Avoiding Pitfalls of Unsettled Policy Definitions; New ISO Endorsements

Mr. Gilinsky is a shareholder in Anderson Kill's Boston office and practices in the firm’s Insurance Recovery and Commercial Litigation groups. He is co-chair of the firm's Sexual Harassment and Abuse Insurance Recovery Group and Sports, Media and Entertainment Group, and a member of the firm's Banking and Lending Group and Restaurant, Retail & Hospitality Group. During his nearly 30-year career representing policyholders, Mr. Gilinsky has recovered hundreds of millions of dollars for his clients, successfully litigating disputed claims under a variety of insurance products, including property and business interruption insurance, commercial general liability (CGL) insurance, errors and omissions (E&O) insurance, directors and officers (D&O) insurance and life insurance. He has represented clients on numerous high-stakes, complex insurance claims arising out of prominent losses such as 9/11, Hurricane Katrina, Superstorm Sandy and the “Big Dig” in Boston. Mr. Gilinsky also focuses extensively on assisting clients that own and manage captive insurance companies, especially with respect to resolving coverage disputes between the captive and its reinsurers.

Mr. Meagher concentrates his practice on insurance coverage and complex commercial litigation in the energy, manufacturing, healthcare, financial services, and technology sectors. He has broad litigation and arbitration experience. In the insurance coverage area, Mr. Meagher represents corporate policyholders seeking coverage under many different types of insurance policies. His recent insurance coverage experience includes cases involving commercial general liability and excess liability policies, cyber policies, crime policies, professional liability policies, directors and officers' liability policies, property policies, builder’s risk policies, representations and warranties policies, “Bermuda Form” policies, pollution liability policies, energy package policies and renewable energy policies. Mr. Meagher also counsels clients regarding their cyber insurance programs and cyber incident response plans outside of litigation. He is also Chair of the firm’s Artificial Intelligence Litigation Working Group and acts as Assistant General Counsel for the firm.

Mr. Stern is a trial and appellate lawyer, with an emphasis on a result-oriented approach to complex disputes. He has represented plaintiffs and defendants in insurance coverage and bad faith cases, business tort and other commercial litigation, consumer and business class actions, and both commercial and high-end residential real estate litigation. Mr. Stern has tried cases before juries, judges and arbitration panels, and he has argued appeals in a number of state (California and Texas) and federal (Second, Eighth, and Ninth Circuits) courts. He devotes a substantial part of his practice to litigation and counseling services for the insurance industry. Mr. Stern has handled matters in various lines, including general liability, specialty liability, professional liability, excess liability, business interruption, workers' compensation, property, and personal accident. He provides oversight counsel for clients at a nationwide or regional level with respect to issues of coverage, claims handling, litigation management and corporate risk. Mr. Stern has extensive experience in insurance-related litigation, including coverage, bad faith, subrogation and contribution, reinsurance and regulatory disputes. He also provides defense of insureds in complex or high-stakes cases, including class actions and severe injuries, and is often called upon by insurers when they need a change in direction in the defense of their insureds.