CGL Coverage Gaps in Data and AI Exposures

Presenters: Mitch Tarter, J.D. , Matthew Bricker, J.D.,  Joey Sylvester, AIGP and Louis Nunez, CPCU, AU, ARM (Moderator)

Jan. 22, at 11 a.m. ET

 

Two years after ISO introduced its data breach revisions and new cyber incident and data privacy endorsements to the CGL policy, the landscape continues to evolve. With the ISO generative AI exclusion set to take effect in January 2026, biometric coverage issues largely resolved, and the new edition ISO CGL coverage form on its way, critical questions about general liability's role in data and privacy related exposures remain. Join industry experts Mitch Tarter (Utica National), Matthew Bricker (Tittmann Weix), and Joey Sylvester (AJ Gallagher) as they examine current market conditions, coverage interactions, and emerging trends shaping how newly revised GL policies respond to data incidents and artificial intelligence events.

Key Takeaways:
Analyze how ISO's cyber incident, data privacy, data breach, and generative AI wordings impact CGL coverage and understand the design behind these policy revisions.
Evaluate the current legal environment affecting general liability response to data events and artificial intelligence, including key court decisions and coverage disputes.
Assess market dynamics and coverage coordination between CGL policies and affirmative cyber forms, including broker and insured experiences with these evolving exposures.

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Louis Nunez, CPCU, AU, ARM (Moderator) 

 

Louis E. Nunez, CPCU, ARM, AU, AAI, AAM, and AIM, is a graduate of the College of Insurance (now St. John’s University) and holds BA and MBA degrees. Lou is a past president of the New York Chapter of the CPCU Society as well as a past chair of the Excess, Surplus, & Specialty Interest Group Committee. He is now retired after 48 years with the industry.

Mitch Tarter, J.D. 

Senior Manager, Casualty Lines 

Utica National Insurance Group
 

Mitch Tarter is a recognized expert in liability policy wording and coverage across both admitted and non-admitted products. He currently serves as senior manager of casualty lines at Utica National Insurance Group, wherein he manages the product development and strategy for liability lines. Mitch's career spans key leadership roles in the industry, including liability product management at Verisk/ISO, the largest statistical reporting organization, as well as having specialized in policy wording as a second vice president at Gen Re, one of the nation's leading reinsurers. He has led the development and release of widely adopted standardized forms used by countless CPCU professionals today, such as cannabis, designated premises, and additional insured endorsements. Mitch has also worked extensively with non-standard wordings for leading MGAs, developing coverage solutions for construction risks, miscellaneous professional liability, and bespoke programs. Mitch holds a bachelor's degree from Towson University and a J.D. from Rutgers Law School. His deep expertise in policy language positions him at the forefront of emerging issues, including data breach coverage and generative AI risks. He has previously served as a CPCU panel member on the topic of biometric privacy.

Matthew Bricker, J.D.

Partner

Tittmann Weix
 

Matthew Bricker is a founding partner at Tittmann Weix, where he concentrates on insurance coverage and litigation involving privacy, media, and technology-related risks. He leads the firm's privacy and wrongful collection practice, advising insurers on emerging exposures, including claims arising under CIPA, BIPA, and website tracking claims. Matthew has significant experience with CGL coverage B and advertising injury issues, including claims arising from media content, intellectual property disputes, wrongful collection, and other publication-based privacy allegations. He regularly analyzes how traditional liability coverages respond to modern data, privacy, and artificial intelligence-related claims. In addition to his CGL work, Matthew has extensive experience handling technology E&O disputes, cyber incidents, and media claims, giving him a comprehensive perspective on how liability policies intersect across coverage lines. Matthew began his career at Simpson Thacher & Bartlett, and he regularly contributes commentary to Law360 and Bloomberg.

Joey Sylvester, AIGP 

Area SVP, Cyber Practice - Reginal Lead  

AJ Gallagher
 

Joey Sylvester is area senior vice president and the Southeast regional cyber practice leader at Gallagher. Joey focuses his time on bringing cyber risk management and risk transfer solutions to Gallagher clients across the US. His particular area of expertise is related to emerging cyber risks in critical infrastructure and delivering risk management advice and services to support and bolster clients' cyber defenses. He has certifications in the NIST Cybersecurity Framework and uses that expertise to support clients in assessing and improving overall cybersecurity maturity as well as using assessment results to improve results in the insurance market. Additionally, Joey is an artificial intelligence governance professional with expertise in ensuring safety and trust in the development and deployment of ethical AI systems. Joey was named a Risk & Insurance Power Broker for Cyber in 2020 and again in 2022. He holds a master's degree in industrial/organizational psychology and recently obtained a second master's degree in cybersecurity risk and strategy from New York University.