Stephen Kenny KC and Charlotte Payne have contributed a chapter on “Insurance” to the timely new edition of Artificial Intelligence: Law and Regulation (2nd Edition, Edward Elgar Publishing, 2026), which addresses the current state of English law and regulation as it applies (or may apply) to the increasing use of AI in connection with the conduct of insurance business.
The “Insurance” chapter, written by Stephen and Charlotte, begins with an overview of the development of AI and how its application in connection with the conduct of insurance business is likely to transform the insurance industry. It goes on to consider the uses of AI in risk assessment and underwriting. Then, three legal areas where the use of AI in that context can be expected to generate issues and potential problems are examined, namely:
- Unlawful discrimination and the use of illegitimate factors in the assessment of risk.
- Data protection and data retention.
- The insurers’ remedies for misrepresentation and unfair presentation of risk.
The book, edited by Charles Kerrigan, Partner at CMS UK, brings together lawyers, technologists, regulators and academics to map the legal, ethical, and commercial frameworks shaping AI globally, written for practitioners and policymakers seeking to understand how AI is transforming not only technology, but the law with it.
