Künstliche Intelligenz und Versicherung

Artificial Intelligence (AI) is the most current and most discussed achievement of digital progress. The insurance industry, as one of the most data-dependent industries, is considered a central field of application for AI. In all its areas of activity, especially risk design, contract processing and claims management, AI can be used and is already increasingly used. The present work deals in a comprehensive look at the civil, data protection and insurance contract law issues regarding the use of AI in the insurance industry and among policyholders. The functioning of AI is first discussed in a technical-definitory part and also deals with the definition approaches at EU level. In the subsequent civil law part, the common opinion disputes on attribution and liability for AI behavior are taken up and subjected to critical evaluation taking into account reform perspectives. Data protection law is then identified as a legal focus problem for AI use. In the insurance law part, the author introduces two perspectives of the insurance industry on AI: first, he illuminates the legal issues that arise when using AI by insurers. In particular, classification of insurance as a high-risk area under the new AI law is discussed. Subsequently, under the keyword "Silent AI", the author analyzes existing conditions and insurance products for their compatibility with the new technology. It identifies adaptation requirements or sometimes also needs for new insurance coverage. The work is equally aimed at science and practice, especially lawyers working for insurers, insurtechs and AI companies.