As artificial intelligence (AI) increasingly becomes a part of our daily lives with chatbots assisting with customer service to algorithms guiding financial decisions, the potential for unexpected failures and liabilities has grown. We have come to learn that “to err is human” also likely applies to Artificial Intelligence.

This evolution necessitates a fresh approach to risk management, resulting in the emergence of AI-specific insurance products.

What is AI liability?

AI liability refers to situations where artificial intelligence systems cause unexpected problems or losses as a result of giving wrong information, making errors, or failing to work as intended. As businesses increasingly depend on AI, the risks associated with its potential failures also grow. AI liability insurance steps in to cover these specific risks, protecting companies financially and legally from issues related to AI’s unintended behavior.

AI liability insurance is designed to cover risks such as:

• AI Hallucinations: Instances where AI generates false or misleading outputs.
• Model Drift: Deterioration in AI performance over time due to changes in data patterns.
• Mechanical Failures: Technical glitches leading to unintended outcomes.
• Legal Liabilities: Claims arising from AI underperformance or errors.

Why is AI Insurance necessary?

1. Risk Mitigation: As businesses increasingly rely on AI, the potential for errors that could lead to financial loss or reputational damage escalates. AI insurance provides a safety net against such unforeseen events.
2. Regulatory Compliance: With evolving data protection laws and AI regulations, having insurance coverage can assist businesses in navigating legal complexities.
3. Promoting Innovation: Knowing that there is a fallback in case of AI system failures encourages companies to innovate without the constant fear of catastrophic losses.

Around the world:

Insurers around the world are recognizing the importance of AI-specific coverage:

• Chaucer group, in partnership with Armilla AI, has introduced a third-party liability insurance product that offers comprehensive coverage for various AI-related issues, including legal defense and liability protection for claims arising from AI underperformance.
• Relm Insurance launched AI liability insurance products tailored for companies developing or integrating AI technologies.
• Munich Re offers AI Warranty Insurance to mitigate risks associated with underperformance and drift of machine learning models.
• Coalition introduced a policy endorsement covering risks associated with generative AI technologies, such as data poisoning and regulatory violations.

These developments highlight a global acknowledgment of risks arising from AI and the necessity to insure them.

In India…

In India, there are currently no AI liability insurance products available. But as AI adoption grows, so does the need for specialized coverage to mitigate associated risks.

However, the integration of AI into sectors like insurance is gaining momentum. Insurers such as ICICI Lombard have developed AI-enabled applications for car insurance, streamlining policy renewals and claim settlements. Similarly, Digit Insurance leverages AI to optimize customer onboarding and enhance fraud detection.

As the use of AI becomes increasingly popular, the importance of safeguarding against its associated risks needs to be kept in mind. While India has made strides in integrating AI into industries like insurance, the development of AI-specific liability insurance is yet to be explored.

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