How Artificial Intelligence May Affect Legal Malpractice Insurance

Artificial intelligence is becoming a regular part of everyday office operations. Many attorneys and law firms are already using AI in some form, whether they realize it or not.

A Question We’re Hearing From Clients

Recently, a client contacted me because he was concerned about whether using AI could affect the coverage provided by his legal malpractice insurance policy.

At this time, I am not aware of any changes to the policy forms used by the legal malpractice insurance carriers we work with. I am also not aware of any new exclusions, underwriting restrictions or major pricing changes specifically related to the use of AI.

What the Carriers Are Saying

Although we do not work with every carrier that offers legal malpractice insurance, we regularly work with four or five of them. I contacted several of those carriers to confirm their current positions.

As of right now, none of them have made changes to their policies or introduced specific exclusions related to AI. However, they did confirm that the use of artificial intelligence is being discussed regularly within the insurance industry.

Questions the Insurance Industry Is Considering

Carriers are considering questions such as:

  • Should policies include exclusions related to AI?
  • Should there be restrictions on coverage?
  • Should firms that use AI pay higher premiums?
  • Should carriers provide specific guidelines for using AI in a legal practice?

There are no definite changes to report at this time, but I do believe changes are likely coming.

Changes May Be Ahead

AI is being used more frequently in law firms and businesses of all kinds. Because of that, it is reasonable to expect insurance carriers to eventually address how AI use may affect coverage, underwriting and pricing.

Hopefully, carriers will also provide clear guidelines explaining how attorneys can use AI responsibly within their practices.

What Attorneys Should Know Right Now

For now, the important thing to know is that you are not the only attorney thinking about this issue. The legal malpractice carriers we work with have not made any policy changes yet, but the topic is actively being discussed.

If any changes are made, we will naturally be in touch with our clients to explain what has changed and how it may affect their coverage.

Have Questions About AI and Your Coverage?

If you have questions about how you are currently using AI in your practice, please do not hesitate to contact me. I would be happy to discuss your situation and involve the insurance carrier if necessary.

I’m Don I, your insurance guy.