ARTICLE
14 December 2017

Insurance Predictions 2018: Insurers Will Face Regulatory Scrutiny Of Their Algorithms

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Clyde & Co

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Clyde & Co is a leading, sector-focused global law firm with 415 partners, 2200 legal professionals and 3800 staff in over 50 offices and associated offices on six continents. The firm specialises in the sectors that move, build and power our connected world and the insurance that underpins it, namely: transport, infrastructure, energy, trade & commodities and insurance. With a strong focus on developed and emerging markets, the firm is one of the fastest growing law firms in the world with ambitious plans for further growth.
Insurers are increasingly turning to data science, using algorithms to automate personal lines underwriting and assist their underwriters with more complex risks. Some are also using them to analyse claims.
United Kingdom Insurance

Insurers are increasingly turning to data science, using algorithms to automate personal lines underwriting and assist their underwriters with more complex risks. Some are also using them to analyse claims.

Usually these systems work well and yield meaningful results. But if they are inadvertently fed with skewed data, then they can give biased outcomes.

The risk is that much greater when the algorithm is developed through machine learning rather than explicitly programmed, because then the system itself determines what weighting to give to certain factors. If the resulting algorithm is a "black box" that can't explain how it arrives at its decisions, that can be problematic. This is already causing concern in other areas, such as the US criminal justice system, where some courts use algorithms in setting sentences.

When GDPR comes into force in May 2018 it will require companies (wherever they operate around the world) to give EU citizens "meaningful information about the logic" of automated decision-making processes. The ICO and equivalent data regulators around the EU expect companies to find "simple ways to tell the data subject about the rationale behind, or the criteria relied on in reaching the decision without necessarily always attempting a complex explanation of the algorithms used or disclosure of the full algorithm."

We make two predictions for next year.

One - insurance regulators will pay more attention to insurers' use of algorithms. And two - as insurers become increasingly dependent on the few specialist insurtech businesses that provide this technology, regulators will have to start thinking about how insurtech itself is best regulated.

You can read the rest of our insurance predictions  here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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