Tort Law, InsurTech, and the Automation of Damage Assessment - Marta Infantino скачать в хорошем качестве

Tort Law, InsurTech, and the Automation of Damage Assessment - Marta Infantino

Cette vidéo a été tournée lors du colloque de clôture « Individualisation de l’indemnisation en cas de dommage corporel » du projet IUF "Standardisation de la réparation du dommage corporel", à l'Université Savoie Mont Blanc, Centre de recherche en droit Antoine Favre, le 8 juillet 2024. Emerging technologies are affecting all the stages of the insurance value chain, and transforming the whole insurance business. Among the areas of greatest impact of InsurTech on traditional insurance is the domain of damage assessment and claim management. Through the use of big data analytics and artificial intelligence, European insurance companies are increasingly automating claims handling and claim settlement. For instance, many insurance and insurance-related companies are deploying emerging technologies on large volumes of either insurance dossiers or judicial decisions in order to predict the likelihood of litigation and infer the amount of compensation attainable by the insured. Inasmuch as these programs attempt to highlight patterns in past decisions so as to formulate a compensation offer, they favor the rapidity of pay-outs, reduce the arbitrariness of human-based decisions on which both insurance and tort law work, and further promise to develop outcomes that are in line with both previous outcomes in similar circumstances and with the specificities of the cases at hand. Yet, these tools also pose new problems and heightened difficulties for those wishing to challenge an insurance decision. On the one hand, algorithmic-driven standardization/personalization is based on machine-driven correlations which often are based on shaky grounds, if not blunt historical bias. On the other hand, automated decisions create additional layers of difficulty to the ordinary hurdles that people face when trying to contest an insurance decision and to have it reversed. None of these challenge, however, is likely to stop experimentations in the field. Inasmuch as emerging technologies make insurance management more straightforward, objective and unobjectionable, they also strengthen the role of insurance companies as primary providers of relief. InsurTech may thus become the first locus where tort law compensation requests and decisions are confronted with – and treated, and filtered, and reorganized – by AI tools. More worryingly, they may become the last place in which tort law claims are heard.