Search

Quality and consistency through collaboration

All.Commercial Insurance.Professional Indemnity

Artificial intelligence (AI) is now embedded across the financial sector, yet the insurance and legal frameworks designed to govern AI related failures are not keeping pace. As organisations deploy AI into underwriting, customer interactions, operational decision making and risk functions, exposure is quietly accumulating across Professional Indemnity (PI), Directors’ and Officers’ (D&O) liability, Financial Institutions (FI) policies and class actions.

Much of today’s insurance market still relies on legacy ‘silent AI; wording, with policies drafted before AI became a core business tool. These wordings neither clearly include nor exclude AI related risks. When an AI driven error, hallucination, biased output or data leak causes loss, disputes quickly arise over whether the policy responds, what the parties intended to cover and whether the insurer ever priced for that risk.

At the same time, a growing segment of the market is moving toward affirmative AI coverage with stricter underwriting requirements, including documented governance frameworks and model oversight. The result is a rapidly splitting market and a rising risk landscape that does not sit neatly within traditional categories.

Silent AI is not an isolated risk; it represents a cross disciplinary exposure capable of giving rise to multiple forms of liability. Depending on the circumstances, it may trigger PI claims arising from negligent advice or service delivery, D&O claims relating to governance and oversight failures, FI losses resulting from operational or control breakdowns and class action litigation where systemic AI related failures cause widespread harm across significant customer groups.

In our flyer, we explore how silent AI is reshaping risk across PI, FI, class actions and D&O, and what boards, risk teams and insurers should be doing now to stay ahead of the curve.

SIlent AI flyer image

Return To Top

Authors

Aimee Dash
Aimee Dash
Partner
t: +61 8 9288 8003+61 8 9288 8003
m: +61 473 738 084+61 473 738 084
o: Perth
vCard icon Mail icon
Mark Gray-Spencer
Mark Gray-Spencer
Partner
t: +61 2 9260 2835+61 2 9260 2835
m: +61 414 938 552+61 414 938 552
o: Sydney
vCard icon Mail icon
Mark Sainsbury
Mark Sainsbury
Partner
t: +61 7 3016 5033+61 7 3016 5033
m: +61 408 687 770+61 408 687 770
o: Brisbane
vCard icon Mail icon
Kerri Thomas
Kerri Thomas
Partner
t: +61 3 9291 2305+61 3 9291 2305
m: +61 410 505 217+61 410 505 217
o: Melbourne
vCard icon Mail icon
Myles Bryant
Myles Bryant
Special Counsel
t: +61 2 9260 2703+61 2 9260 2703
o: Sydney
vCard icon Mail icon
Rosemary Hamer
Rosemary Hamer
Special Counsel
t: +61 3 9291 2323+61 3 9291 2323
o: Melbourne
vCard icon Mail icon
François Guillot
François Guillot
Senior Associate (Admitted in England & Wales)
t: +61 3 9291 2248+61 3 9291 2248
o: Melbourne
vCard icon Mail icon
Related articles
Media room