Software as a product and implications for (re)insurance

The Old Library, Lloyd's
Thursday, 21 November 2019
1:10 pm – 1:55 pm
    • Michaela Herron, Partner, Mason Hayes & Curran
    • Deirdre Munnelly, Partner, Mason Hayes & Curran
  • Reinsurance lecture

In this IIL reinsurance lecture Michaela Herron and Deirdre Munnelly discussed whether software can be considered a product and therefore subject to the product liability framework and if so, what this means for the insurance and reinsurance industries.

The concept of software as a product is becoming an increasingly relevant issue to our daily lives. Connected or 'smart' products are quickly becoming the norm, software medical devices are, in some scenarios, substituting doctors and it will not be long before the roads are overrun with driverless cars. Each of these products have one major theme in common - software is at the heart of their operation.

However, with innovation comes risk. Corrupted software in a 'smart' toaster could cause a house fire, a malfunctioning algorithm in a software medical device could miscalculate a drug dosage and cause harm to a patient, and we have already seen the fatal consequences of driverless cars failing to detect pedestrians. The question arises - does the traditional Product Liability framework apply to software in these scenarios?

In this market briefing Michaela and Deirdre considered how software can be considered a product, the subsequent applicability of the product liability framework, difficulties with claims arising from 'software as a product' and issues the insurance industry need to consider when determining the potential risks and identifying the appropriate policy coverage.

By the end of this lecture members would have gained into:

  • Whether software can be considered a product and how the product liability framework might apply
  • The types of risk presented by software as a product and what types of insurance policies will be involved
  • What this means for re-insurance and the issues which re-insurers will need to be mindful of

Chair:
Jennifer Braney, Cyber Broker, Capsicum Reinsurance Brokers LLP.

Venue
  • The Old Library, Lloyd's
  • One Lime Street
  • London
  • EC3M 7HA
View map

Registration & Security

IIL lectures are open to CII and PFS members
CII and PFS members must register online by 2pm one working day before the lecture
For lectures held in The Old Library, Lloyd's pass holders may also attend and do not need to register
All attendees (at any venue) must produce photo ID - either a Lloyd's pass, driving licence with photo or valid passport

Conditions:

  • Email confirmations and photo ID must be produced to security staff at the lecture venue
  • Attendance confirmations are non-transferable to any other person or lecture
  • All venues have limited capacity and registration and/or a Lloyd's pass does not guarantee admission

Please let us know what we can do to make our events fully accessible to you.

Contact:
Please contact Allison Potts (020 7397 3914) or Edward Walker (020 7397 3915) with any queries regarding the CPD events programme.

CII Accredited

This demonstrates the quality of an event and that it meets CII member CPD scheme requirements.

3/4 hours' CPD can be claimed for this event if relevant to your learning and development needs.

It is recommended that you keep any evidence of the CPD activity you have completed and upload copies to the recording tool as the CII may ask to see this if your record is selected for review. Details of the scheme can be viewed online at www.cii.co.uk/cpd.