Insurance Litigation: Discovery of AI Product Development in Cases Alleging AI-Driven Coverage Denials

Ms. Koss focuses her practice on complex commercial litigation and insurance claims with a particular emphasis on contract, environmental, and construction matters. She is respected by clients for her counsel regarding litigation avoidance techniques and her willingness to work collaboratively to seek early resolution to disputes. Ms. Koss represents companies, state governments, manufacturers, not-for profit associations, and other types of policyholders in a variety of insurance coverage matters, including claims related to general liability, long-tail environmental and toxic tort claims (including emerging contaminants such as PFAS), property, event cancellation, and insurance bad faith. She has experience performing insurance policy reviews and advising clients during the claims process. Ms. Koss also represents clients in contract-related disputes and tort actions in both federal and state courts.

Mr. Polster represents clients in complex commercial litigation, with a particular focus on insurance and reinsurance disputes. He tries high-stakes cases in court and before arbitral tribunals. Mr. Polster also regularly counsels insurers on strategic concerns and coverage issues and is experienced in handling complex actuarial disputes. His recent work highlights include: Travelers in connection with coverage litigation arising from the opioid crisis, including in multiple trial and appellate court wins; insurer in connection with its portfolio of child victims’ act claims across multiple states; Beazley in winning dismissal of claims related to alleged biometric privacy violations and other alleged data breaches; multiple insurers in receivership-related litigations in South Carolina and Delaware courts and federal bankruptcy court; Brighthouse Life Insurance Company in putative class action litigations related to universal life insurance policies; private family siblings and family businesses in wins at trial before the Delaware Court of Chancery and Connecticut Supreme Court; insurers and reinsurers in multiple confidential arbitrations, including regarding long-term care insurance, reinsurance trust disputes, and casualty insurance coverage disputes; Certain Underwriters at Lloyd's, London and certain London market insurance companies in a complex, multi-jurisdictional dispute concerning asbestos liabilities; and Genesee & Wyoming in winning arbitrations over commercial contracts valued at hundreds of millions of dollars related to the company’s railroad transportation business.

Mr. Tredennick is the founder and CEO of Merlin Search Technologies, which has developed a revolutionary new AI-powered search engine for investigations, discovery and regulatory compliance. For the first 20 years of his career, he was a trial lawyer and litigation partner at Holland & Hart, a national law firm based in the Rocky Mountains. In 2000, Mr. Tredennick founded and was CEO of Catalyst Repository Systems, a leading international eDiscovery company that was sold to a large public technology company in early 2019. Over the past four decades Mr. Tredennick has written or edited eight books and countless articles on legal technology topics, spoken on five continents and served as Chair of the ABA’s Law Practice Management Section. He has received numerous awards including being named by the American Lawyer as one of the top six “E-Discovery Trailblazers,” named to the FastCase 50 as a legal visionary and named one of the “Top 100 Global Technology Leaders” by London CityTech magazine.