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Stephen Kenny QC and Charlotte Payne contribute to new book ‘Artificial Intelligence: Law and Regulation’

07th Apr 2022

Stephen Kenny QC and Charlotte Payne have contributed a chapter to a new book entitled Artificial Intelligence: Law and Regulation (edited by Charles Kerrigan).

Artificial Intelligence: Law and Regulation provides an extensive overview and analysis of the law and regulation as it applies to the technology and uses of artificial intelligence (“AI”).  It examines the human and ethical concerns associated with the technology, along with the history of AI and AI in commercial contexts.

Stephen Kenny QC and Charlotte Payne have contributed a chapter on Insurance, which addresses the current state of English and Welsh law and regulation as it applies (or may apply) to the increasing use of AI in connection with the conduct of insurance business.  The chapter 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.

This timely publication is sure to prove a crucial reference point for lawyers, policy makers, commercial enterprises, and academics with an interest in the interaction between the law and AI.