About the Course
Introduction
This CLE webinar will discuss litigation contesting alleged AI-driven insurance coverage determinations and litigation discovery concerning insurers' development, oversight, and use of generative AI. The panel will review recent cases contending that generative AI replaced human professional decision-making—from both a merits and discovery perspective—and offer lessons for insurers.
Description
As litigation over the incorporation of generative AI into the claims process continues, insurers can expect broad discovery requests about AI development and its use for evaluating claims. Discovery requests will likely become routine that seek documents about how a particular program works, an insurer's goals and anticipated benefit from using the program, AI chat files, use policies, documents concerning oversight of AI employee training on the use of AI, government investigations, and more.
The panel will analyze recent court orders concerning the discoverability of AI-related material and concerning whether and to what extent attorney-client privilege and work product protections apply.
New challenges for insurers are created by discovery requests concerning the development, use, and oversight of generative AI. Protecting the attorney-client privilege and safeguarding work product must be top of mind. Moreover, insurers may want to consider the potential for discovery as these products are developed and deployed.
Listen as our panel offers insights concerning discovery of AI product use and development.
Presented By
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.
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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
Thursday, September 17, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Theories of liability being alleged for AI-involved coverage denials
II. Types of AI-related documents being requested in discovery
III. Objections from insurers
A. Relevance
B. Attorney-client privilege/work product
C. Confidentiality, IP, and related concerns
IV. Lessons from recent cases
A. Estate of Gene B. Lokken v. UnitedHealth Group Inc.
B. Estate of Barrows v. Humana Inc.
C. Kisting-Leung v. Cigna Corp
D. USA v. Heppner
E. Warner v. Gilbaro
F. Conford Music Grp. v. Anthropic
The panel will review these and other significant questions:
- What types of policy language may give rise to claims challenging insurer use of AI?
- What discovery requests can be expected?
- When does the attorney-client privilege apply?
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