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AI Insurance and the Backstop Reflex: A Policy for Every Risk, a Taxpayer for Every Loss

Washington has a standard playbook when it comes to emerging commercial risks: Make companies buy insurance coverage, then put taxpayers behind the losses. That prescription is gaining fans as artificial intelligence (AI) creates new liability risks. It skips the question insurers need answered first. What, exactly, will courts hold their customers liable for?

Nearly a decade ago, as the nascent cyber-insurance market was just finding its footing, I wrote about how coverage could encourage companies to improve cybersecurity. Well-meaning commentators and policymakers, impatient with the…

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