Insights and Highlights: AI Regulation Panel Key Takeaways

The panelists discussed the regulation of artificial intelligence (AI) and its impact on the insurance industry. Panelists highlighted the industry's demand for AI guidance and frameworks, leading to regulatory action through new rules and guidance on how AI can be safely integrated into insurance processes.

In recent months, state insurance regulators have responded to the widespread adoption of AI in multiple ways. The National Association of Insurance Commissioners (NAIC) finalized its model bulletin on the use of AI systems by insurers, which establishes a blueprint that state regulators can use to address the topic in their jurisdictions. In addition, on January 17, 2024, the New York State Department of Financial Services (NYDFS) issued a proposed insurance circular letter emphasizing the use of artificial intelligence systems (AIS) and external consumer data and information sources (ECDIS) in insurance underwriting and pricing. This proposal aims to enforce compliance with existing laws and regulations while promoting transparency, fairness, and governance to address potential discrimination and bias risks.  The Colorado Division of Insurance has also addressed the risks of ECDIS in life insurance underwriting, and proposed new rules to test algorithms for outcomes that may be unfairly discriminatory.  

Summit participants discussed challenges such as underrepresented markets in the insurance space and the need for compliance tools to evolve for novel risks, with an emphasis on balancing innovation while safeguarding consumer interests and ethical considerations. The evolving regulatory framework aims to incorporate risk management and transparency principles consistent with the new technology used, with stakeholder engagement seen as crucial in supporting informed and effective regulation.

The panelists highlighted approaches for navigating the risks posed by algorithms developed by unregulated third-party vendors with respect to ethical considerations, acknowledging challenges associated with proxy factors that may lead to unfair outcomes. Regulatory efforts to establish approaches to auditing models could improve risk management processes. Ongoing efforts were discussed to refine regulatory frameworks addressing ethical issues, with an emphasis on risk management, transparency, and new methodologies for outcome testing.

Audience questions reflected industry concerns about regulatory readiness and governance in AI implementation. Proactive engagement from industry stakeholders was encouraged. The dialogue underscored the complexity of integrating AI into decision-making processes and emphasized the ongoing need for human oversight to ensure good outcomes, consistent with law. Overall, the discussion highlighted collaborative efforts between regulators and industry stakeholders in navigating the evolving landscape of AI regulation in financial services.

To learn more about AI in financial services, you can explore further with research from the Center for Ethics in Financial Services.