AI Doesn’t Owe Your Client A Duty Of Care – You Do

October 28, 2026
AI risk management for insurance brokers. Image of path through trees

AI risk management for insurance brokers

DID AI WRITE THIS BLOG POST? We’ll never tell.

In all seriousness, Artificial Intelligence has officially arrived in the insurance industry, and it is not going anywhere. Across Canada, brokers are rapidly adopting tools like ChatGPT, Microsoft Copilot, and Claude to draft client emails, summarize policies, write procedures, and supercharge their daily efficiency.

When used responsibly, AI is a game-changing productivity tool. But when used carelessly, it introduces silent, massive professional liability exposures that many brokerages have not yet considered.

Here is the cold, hard truth: When AI-generated information contributes to a coverage error or an uninsured loss, the brokerage and its professionals may face scrutiny over how the tool was used, what was verified, and what advice was provided. If an AI tool provides incorrect information, overlooks an exclusion, or generates advice that leads to an uninsured loss, that AI will not be named in the lawsuit. Your brokerage will.

How can insurance brokers use AI without increasing professional liability risk?

Insurance brokers can reduce the professional liability risks of artificial intelligence by:

  • Verifying all AI-generated coverage advice against actual policy wordings,
  • Protecting confidential client information,
  • Reviewing AI-generated communications before sending them,
  • Establishing a written internal AI policy, and
  • Training staff to use AI responsibly.

AI is an incredibly powerful assistant, but it doesn’t change your professional obligations. To help your firm leverage this technology without walking into an E&O minefield, we’ve established five essential rules every modern brokerage should enforce.

Five Rules for Secure and Responsible AI Use in Your Brokerage

RULE #1: Verify AI-Generated Insurance Coverage Advice.
AI is fantastic for explaining complex concepts, summarizing massive documents, or drafting communications. But it should never replace your professional, licensed judgment. Every coverage recommendation must be verified directly against the actual policy wordings, underwriting guidelines, and the client’s unique operating circumstances.

RULE #2: Protect Confidential Client Data When Using AI.
Before you copy and paste a client’s risk profile or claim history into a public AI platform, stop and think: Where is this data going? Public AI tools often store and use your inputs to train their models. Avoid entering any identifiable client information unless your brokerage has approved secure, enterprise-grade AI tools and policies in place.

RULE #3: Review and Verify All AI-Generated Client Communications.
AI writes with extreme, unwavering confidence—even when it is completely hallucinating. Think of AI outputs as a draft, never the final answer. Every single email, proposal, or coverage summary generated with AI must be reviewed and signed off by a licensed professional before it goes out the door.

RULE #4: Create a Written AI Policy for Your Brokerage.
Your brokerage likely has policies governing social media, cybersecurity, and email usage. AI demands the exact same governance. A simple, written policy outlining approved AI tools, acceptable use cases, and review expectations ensures your entire team works consistently and safely.

RULE #5: Train Staff and Document Responsible AI Use.
Technology is evolving at a breakneck pace, but the fundamentals of our profession remain the same. Your strongest defence against an E&O allegation will always be professional judgment, ongoing training, and impeccable documentation. The firms that succeed in the future won’t just adopt technology—they will invest heavily in the people who use it.

  
ProForm Insurance - Michelle Louprets take

Michelle’s Take

“I’ve been helping Canadian brokerages reduce their exposure to E&O claims since 2017. AI is one of the biggest changes our industry has faced in years. I’m incredibly excited about what it can do to improve efficiency, but only when it is paired with the professional judgment that clients expect from their broker. My advice? Embrace the technology, but never outsource your expertise.”

    

Equipping Brokers for the Future

At the end of the day, artificial intelligence can make your operations faster, but it can never make you accountable. Your expertise, documentation, and Broker’s Duty of Care remain the irreplaceable foundation of every client relationship.

If you are wondering how to safely integrate AI into your brokerage, let’s have an open conversation. Whether you need help drafting a practical internal AI policy, strengthening your file documentation, or exploring training opportunities through Risk Academy, we are here to support you.

For more information, please contact:

ProForm Insurance

Michelle Loupret
Chief Operating Officer
Phone: 604-910-0695
Email: michelle@proforminsurance.com

About the Author

Michelle Harris is a brokers E&O expert with over 20 years of experience in the commercial insurance industry. With a deep understanding of the unique challenges faced by insurance brokers, she has honed her skills in account management, administration, broking, wholesaling, project leadership, product development, and underwriting. She is passionate about helping Canadian brokerages build the practical defences they need to thrive in a complex legal market.

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