- videocam Live Webinar with Live Q&A
- calendar_month April 16, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Insurance
- schedule 90 minutes
Insurance Exclusions for AI Liabilities: Avoiding Pitfalls of Unsettled Policy Definitions; New ISO Endorsements
Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
About the Course
Introduction
This CLE webinar will analyze the evolving insurance policy exclusions for losses related to or arising from artificial intelligence (AI) and discuss key considerations for policyholders when selecting, structuring, and negotiating coverage for AI risks. The panel will discuss how insurers are defining AI, outline the scope of different types of exclusions, and recommend best practices for navigating the evolving risks, available coverage options, and alternatives when risks are uninsurable.
Description
A virtual avalanche of exclusions has hit the market for losses "based upon," "arising from/out of," or "attributable to" AI. Recently, the Insurance Services Office (ISO) introduced two new optional exclusions to coverage under commercial general liability (CGL) policies—CG 40 47 and CG 40 48. Incorporating generative, agentic, or any other category of AI into business operations can unwittingly change or eliminate coverage for types of losses that companies would expect to be covered under CGL, personal/advertising, D&O, E&O, and fiduciary liability policies.
Numerous attorney commentators have noted that a pivotal issue is the inherent ambiguity and extreme difficulty of defining AI in a coherent way that does not vitiate coverage for potentially everything. For now, there is no uniform definition of AI. Exclusions may be asserted if AI is even tangentially involved in the facts of the case, regardless of whether it was AI that predicts the next word in a sentence or AI that can make operational decisions. Some predict that these exclusions could mean a never-ending dispute about whether a loss "arose from or out of" AI.
Policyholders must understand how AI is defined in their policies and how the exclusions might be applied. Policyholders will want to insist on clarity and, if necessary, demand bespoke wording even if that increases the cost of coverage. It may be that some types of losses are not insurable. For example, it is unclear how insurers will address the novel theory of AI psychosis.
Listen as this panel of experts identifies and analyzes pitfalls in the ever-growing and broadening landscape of AI exclusions and offers guidance for finding coverage.
Presented By
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. 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.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Live Online
On Demand
Date + Time
- event
Thursday, April 16, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Types of AI risks
II. Types of exclusions and limits
A. Absolute exclusions
B. New ISO exclusions
III. Navigating different definitions of AI
IV. How courts might interpret exclusions
V. How exclusions might affect coverage (CGL, personal/advertising, D&O, E&O, and fiduciary liability)
VI. Key considerations for businesses and policyholders when selecting, structuring, and negotiating coverage
The panel will review these and other important issues:
- What information are insurers requesting in applications for AI coverage?
- What happens if a policyholder's vendor's AI causes the loss?
- Does cyber cover losses caused in whole or in part by AI?
- What is the standard for determining if AI "caused" a loss?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses
Recommended Resources
Navigating Modern Legal Challenges: A Comprehensive Guide
- Business & Professional Skills
- Career Advancement
Your Guide to Professional Development with BARBRI
- Learning & Development
- Business & Professional Skills
- Career Advancement
- eDiscovery
Building Your Book: Strategies to Secure Long-Term Success
- Business & Professional Skills
- Career Advancement
- Talent Development