2019 ALIC PROGRAM May 19 21 2019 Palm

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2019 ALIC PROGRAM May 19 – 21, 2019 Palm Beach, Florida The Next Big

2019 ALIC PROGRAM May 19 – 21, 2019 Palm Beach, Florida The Next Big Thing is Here 1

INSURETECH AND BEYOND AN EVOLVING LITIGATION LANDSCAPE Frank Best Penn Mutual Hannah Rogers Principal

INSURETECH AND BEYOND AN EVOLVING LITIGATION LANDSCAPE Frank Best Penn Mutual Hannah Rogers Principal Kristin Wynne Guardian Chris Zimmerman National Life 2

WHAT IS INSURETECH • Insurance + Technology = Insuretech • Technological changes impacting the

WHAT IS INSURETECH • Insurance + Technology = Insuretech • Technological changes impacting the insurance industry • Artificial Intelligence • Apple watches and fit bit technology 3

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INSURETECH and Underwriting Myriad Issues • Are electronic signatures better or worse than wet

INSURETECH and Underwriting Myriad Issues • Are electronic signatures better or worse than wet signatures? • If underwriting is completely automated, will insurers’ litigators miss the underwriters? • Can digital underwriting be more accurate than underwriting based on examination and records? 5

RESCISSION COMPLICATIONS • What is the origin of the 2 -year contestable period? •

RESCISSION COMPLICATIONS • What is the origin of the 2 -year contestable period? • Could back-lash to perceived abuses by insurers extend to all states’ requiring a showing of intent to deceive? • Are rescissions worth the expense and disruption? 6

POST-ISSUE UNDERWRITING • What is the answer to the complaint that insurers should not

POST-ISSUE UNDERWRITING • What is the answer to the complaint that insurers should not get two bites at the apple? • Does it make sense to limit post-issue underwriting? Where are states’ going with this issue? 7

POTENTIAL FOR DISCRIMINATION • How do we prove big data patterns are not harmful

POTENTIAL FOR DISCRIMINATION • How do we prove big data patterns are not harmful to protected groups? • Other than race or gender discrimination, is there any risk of unfair discrimination among members of the same class? 8

THE FUTURE • Without agents, would the number of policies sold and/or size of

THE FUTURE • Without agents, would the number of policies sold and/or size of policies sold decrease? • Apart from sales volume issues, are there other risks with direct-to-customer sales? • Are there advantages to not involving an agent? 9