Anthony Crawford Quoted in Law360 on AI Insurance Coverage

Chair of Olshan’s Insurance Coverage Law Practice Anthony Crawford was quoted in a Law360 article (subscription required) which examines how insurers in the U.K. and U.S. are addressing coverage for risks associated with artificial intelligence. The article discusses recent moves by U.K.-based insurers Beazley and CFC Underwriting to affirmatively address AI-related risks in certain policies, while U.S. insurers have taken a more cautious approach as the potential scope of AI-related liability continues to develop. Anthony explained that policyholders generally take the position that existing insurance policies provide coverage for AI-related risks unless those risks are expressly excluded. Commenting on efforts to affirmatively clarify AI coverage, he said, “This addresses that silent AI position, and it’s a good thing because it’s one thing that [policyholders] don’t have to litigate and it saves everybody a lot of time and expense litigating ambiguity in the policy.” Anthony also noted that, despite regulatory approval of certain AI exclusions, many U.S. carriers have not yet implemented them: “AI is everywhere and being adopted more and more, so it becomes an issue of how do you address something that becomes ubiquitous like email." As the use of AI becomes increasingly widespread, he observed that insurers must balance managing emerging risks against remaining competitive: “Nobody wants to get priced out of a lucrative market, so you don’t necessarily want to run and exclude everything because that might leave you behind.”