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The Future of Legal Protection insurance (or a humble glance at the present and the future) RIAD Congress 2017
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The Future of Legal Protection insurance(or a humble glance at the present and the future)

RIAD Congress 2017

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Technology: why do we care?

Relevant technologies to legal protection insurers

Challenges for the industry as economic actors

Legal considerations

The future: threats and opportunities

Agenda

“There are two ways to extend a business. Take

inventory of what you're good at and extend out

from your skills. Or determine what your customers

need and work backward, even if it requires learning

new skills.”

Jeff Bezos

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Financial services major disruption so far: FinTech

InsurTech is next: capital invested multiplied by 20 in last 5 years

Why do we care?

Source: ‘The Pulse of Fintech –Q3 2016’ a quarterly report created by KPMG & KPMG Enterprise’s Global Network for Innovative Startupsand CB Insights

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What we refer to as InsurTech today will be

insurance tomorrow

The combination of technologies already has a

major impact on operations, business model,

regulation and supervision:

– Artificial intelligence (AI)

– Blockchain

– Internet of Things (IoT)

– Smart contracts

– Big data

– Etc.

Why do we care?

Accenture’s Insurance Technology Vision 2017

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Gen Y Non-Gen Y

Likely to buy another product 36,2% 29,1%

Likely to stay with existing firm 48,6% 55%

Why do we care?

39,8% of customers

trust their insurers

26.3% of customers

trust InsurTechs

Source: World Insurance Report 2017 by Capgemini and Efma

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Specificities of legal protection insurance

Providers of complex insurance services

Providers of legal services

Technology impacts the whole value cycle

customer experience

efficiency: cost optimisation, risk assessment and

management, fraud detection, compliance

“Companies that use data analytics extensively are more

than twice as likely to generate above average profits.”

DataMatics Survey, 2013

McKinsey & Company

Relevant technologies

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The Guardian, 5 January2017

Relevant technologies: AI

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Relevant technologies: AI

Recordings / Call transcription technology:

Natural language processing

Identify recurring questions

Measure conflict-resolution methodologies’ efficiency

Refine predefined answers / provide relevant instant

relevant information

Cognitive computing

Powered by IMB’s Watson, ROSS reads through the law,

gathers evidence, draws inferences and returns an

evidence-based answer

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Relevant technologies: AI / ChatBots

ChatBots bring AI / Data Analytics to

customer-facing processes

Can provide automation for certain basic

claims coupled to other technologies

May facilitate accessibility of insurance

for otherwise non-insured segments of

the population thanks to cost

optimisation

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Relevant technologies: Blockchain / Smart

Contracts

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Competition or

complementarity?

What is the best way to

interact with InsurTech

in order to maximise

benefits?

What are the causes of

failure of frustration?

Challenges for the industry

Source: StartupBootcamp InsurTech & PwC, Ready for Take Off – How

InsurTechs are Poinsed to Transform Insurance (2017

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Technology is fed by and impacts insurance consumption:

Clients expect increased interaction via technology

Technology is a facilitator and a marketing tool

Technology opens new opportunities: online / app-based / affinity / on-demand /

peer to peer which come with their own challenges in terms of applicable legal

framework

Possibility to aggregate insurance to other services and to integrate the claims

process to industrial / business cycles – how do you isolate the insurance

operation as required by applicable laws?

Insurance as a commodity – how do you adapt the complex obligations

applicable to the conclusion of insurance contracts?

Legal considerations

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Technology participates in the transformation of distribution:

Affinity distribution and insurance bundling

Insurance distribution, sales and risk-bearing structure regulation but their

relevance to consumers of insurance is remote

Who owns the clients?

Who owns the data?

Legal considerations

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Specific legal challenges

Regulation is domestic and activity-based, the market is global and client-driven

Products are evolving from covering a list of risks to providing services which

match client needs

Legal considerations

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Specific legal challenges

Liability:

– Who is liable for ensuring the insurance product matches consumer needs?

– Product liability applied to AI

– Contractual liability and tort

– Issue of transparency of decision making

Data protection:

– What is data?

– Specific issues in relation to the nature and location of data

– AI or robot-generated data

Operational considerations:

HR

are current operational structures relevant (underwriting, claims, innovation,

digital, marketing etc.)?

Legal considerations

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The initiatives under way:

Legal considerations

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Regulators are increasingly speaking (to each other):

UK FCA and Hong Kong Insurance Authority co-operation agreement:

– boost the two bodies' collaboration on supporting innovation in the FinTech

sector

– share information on innovation

– refer suitable UK or Hong Kong firms looking to enter their counterpart's market

Financial Services Agency of Japan and Financial Services Regulatory Authority

of Abu Dhabi Global Market (‘ADGM’) complete framework for co-operation to

promote innovation in financial services in Japan and ADGM

United States and European Union bilateral agreement on prudential insurance

and reinsurance measures

IAIS “FinTech Developments in the Insurance Industry” (21 February 2017)

EIOPA’s InsurTech Roundtable: How technology and data are reshaping the

insurance landscape (28 April 2017)

Legal considerations

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Technology: threat and opportunities

Regulation is struggling to catch up

Uncertainty drives opportunities

Conclusions

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390 2000 3600 48Partners Legal

professionals

Total staff Offices and associated

offices in 21 countries

Clyde & Co LLP accepts no responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this summary. No part of this summary may be used, reproduced, stored

in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, reading or otherwise without the prior permission of Clyde & Co LLP. © Clyde & Co LLP 2017

ContactYannis Samothrakis

[email protected]

+33 1 44 43 88 96


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