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

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.

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.