E&O Risk Management Newsletter
Volume 4 – Issue 6 – June 2026
Ready to Help
Are you looking for risk management guidance on a particular topic? Reach out to Tabitha DeGirolano of our E&O team for help at tabitha.degirolano@uticanational.com.
AI Chatbots in Insurance Agencies: Where Efficiency Ends and Exposure Begins
AI chatbots are quickly becoming part of the modern insurance agency. From answering routine customer questions to assisting with internal workflows, these tools offer a practical way to help improve responsiveness and streamline operations. Used thoughtfully, they can enhance the client experience and allow agency personnel to focus on more complex, value-driven work.
At the same time, agencies should approach this technology with caution. Insurance remains a highly regulated industry, and the duties of a licensed agent do not change simply because a task is performed by a chatbot instead of a person. A key point worth emphasizing is that a chatbot’s capability does not define its appropriateness. Just because a chatbot can perform a function does not mean it should – particularly when that function involves professional judgment.
Where Chatbots Add Value
When used within appropriate boundaries, chatbots can be a helpful tool for agencies and their clients – and are particularly effective in handling administrative and informational tasks that rely on objective data rather than interpretation. Responding to billing inquiries, confirming office hours, or providing general policy status information are all examples of functions well suited for automation.
Chatbots can also support general client education. Providing definitions of common insurance terms can improve accessibility without creating significant exposure. In this role, the chatbot enhances service without replacing the agent.
Where Risk Begins to Increase
The risk profile changes when chatbot interactions move beyond general information into advice or interpretation. Coverage recommendations are one of the clearest examples. Statements suggesting that a client should change limits, decline coverage, or rely on a particular policy involve professional judgment and must not be delegated to an automated system.
Interpreting policy language or applying it to a specific scenario presents similar concerns. While chatbots may generate responses that appear complete, they lack the context and judgment necessary to fully evaluate a client’s situation. If a client relies on that information and it proves incorrect, the agency may still be held responsible.
Understanding the Agency’s Responsibility
From a client’s perspective, it makes little difference whether information comes from a person or a chatbot. If the information is inaccurate and relied upon, the agency may face liability.
Regulatory expectations reinforce this point. The use of AI does not change the agency’s obligations under existing laws governing misrepresentation, unfair trade practices, and consumer protection. In many cases, chatbot responses will be treated as statements made by the agency itself, making accuracy and appropriate use critical.
Agencies should also consider how chatbots collect, process, and use information. These tools often handle sensitive data, including personally identifiable information (PII) and policy details, making strong confidentiality and data security practices essential.
Transparency can be equally important. Clearly disclosing that a client is interacting with AI, and providing a disclaimer that includes, without limitation, the chatbot’s outputs, limitations, non-binding communications and proper use, can help manage expectations and reduce misunderstandings and liability – particularly when a question requires input from a licensed professional.
Establishing Clear Boundaries
For agencies considering or currently using chatbot technology, an effective risk management approach is to define clear parameters. Chatbots should generally be limited to administrative support, general information, and basic intake functions.
Activities involving coverage advice, interpretation, or changes to coverage should remain under the control of a licensed agent. Ongoing monitoring, periodic review of chatbot interactions, and staff training are also key components of a sound approach.
Risk Tip
Before implementing or expanding chatbot use, agencies should ask:
- Does this function require a licensed agent when performed by a human?
- Could the response be interpreted as coverage advice or a recommendation?
- Is there a clear path for escalation to a licensed staff member?
- Are chatbot responses being reviewed periodically for accuracy?
- Is the client aware they are interacting with AI?
Recognize AI Chatbots as a Support Tool
AI chatbots can provide real value when used appropriately, but they do not replace the role of the licensed insurance professional. The agencies that will benefit most from this technology are those that recognize it as a support tool – not a substitute for professional judgment.
A simple guideline can help frame this approach: If a function would require a licensed agent when performed by a human, it should not be delegated to a chatbot.
Maintaining this distinction enables agencies to take advantage of efficiency gains while continuing to meet their professional and regulatory responsibilities – and possibly avoid unnecessary E&O exposure.
E&O TIP – Use Renewal Questionnaires
Renewals are an opportunity to uncover new exposures and protect your client and your agency. Using a renewal questionnaire places responsibility on the client to disclose changes in their operations or lifestyle. If a client fails to respond and later suffers a loss tied to an undisclosed exposure, your documented outreach can become an element of your E&O defense.
Include language in your renewal questionnaire stating that coverage will continue as currently written if no response is received, and that it is the client's responsibility to report any changes. Pair this with a mix of targeted and open-ended questions to demonstrate a reasonable effort to identify exposures. Documented communication is what ultimately supports your defense.
E&O RISK MANAGEMENT: How to Break Up with a Client
At times, an agent may need to end a client relationship due to payment issues, ongoing difficulties, or other concerns. Whatever the reason, it is important to handle the termination carefully. The Utica National companies provide guidance on this process, along with a sample letter agents can use with clients.
- This information is available on our Risk Management website under Agency Tools.
- To access the website, you must sign in to our Customer Care Center and then click Risk Management.
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Ready to Help
Are you looking for risk management guidance on a particular topic? Reach out to Tabitha DeGirolano of our E&O team for help at tabitha.degirolano@uticanational.com.
This information and any attachments or links are provided solely as an insurance risk management tool. They are derived from information believed to be accurate. Utica Mutual Insurance Company and the other member insurance companies of the Utica National Insurance Group (“Utica National”) are not providing legal advice or any other professional services. Utica National shall have no liability to any person or entity with respect to any loss or damages alleged to have been caused, directly or indirectly, by the use of the information provided. You are encouraged to consult an attorney or other professional for advice on these issues.

