The AI Coverage Gap in Professional Liability: E&O Exclusions and Construction Contract Drafting

Alana M. McMullin, Partner | Lathrop GPM

Alana McMullin is a partner in Lathrop GPM’s Kansas City office, where her practice pairs complex insurance recovery with significant civil rights litigation. Her clients range from Fortune 500 companies and manufacturers to nonprofits, regional cooperatives, real estate firms, retailers, franchisors and franchisees, and individuals. She handles insurance disputes involving property damage, natural disasters, environmental contamination and toxic torts, product liability, organizational misconduct liability, constitutional claims, and general liability exposures, and she counsels policyholders on risk assessment, policy interpretation, and the claims process. As a key leader of the firm’s Civil Rights Insurance Recovery team, she litigates § 1983 claims for wrongfully convicted individuals and has helped secure millions of dollars in settlements for exonerees.

• Education & Credentials

Alana earned her J.D. from the University of Missouri-Columbia School of Law in 2018, where she was an associate editor of the Missouri Law Review, competed on the national mock trial team, earned advocacy honors in moot court, received CALI Awards in Trial Advocacy and Professional Responsibility, and was honored with the Order of the Barristers. She received her B.A. in Political Science (Public Law and Theory), magna cum laude, from the University of Central Missouri in 2015. She is admitted to practice in Missouri and before the U.S. District Courts for the District of Kansas and the Western District of Missouri.

• Recognition & Leadership

Missouri Lawyers Media named Alana a Legal Champion in 2024 and 2026 and gave her its Up & Coming Award for pro bono work in 2022. Missouri & Kansas Super Lawyers listed her as a Rising Star each year from 2022 through 2025, and she completed the Kansas City Metropolitan Bar Association’s Ross T. Roberts Trial Academy in 2019–2020.

• Professional Involvement

Alana is a member of the American Bar Association, the Association of Women Lawyers, the Kansas City Metropolitan Bar Association, and The Missouri Bar. Her advocacy for the wrongfully convicted began in law school through the Innocence Project Clinic, and she continues that commitment through pro bono work with the Midwest Innocence Project and partnerships with innocence organizations nationwide. She is a frequent co-presenter on insurance topics, including public entity insurance, securing coverage for wrongful conviction lawsuits, long-tail claims, sexual misconduct liability, and D&O and transactional insurance.

• Experience

Alana second-chaired an eight-day jury trial for Maxus Metropolitan, LLC after its insurer refused to pay nearly $30 million following a large fire loss — preparing more than ten witnesses, examining experts, drafting pretrial motions, and managing a 700-document exhibit list. The jury returned a $27.4 million verdict, which she helped defend in the Eighth Circuit Court of Appeals in a decision described as precedent-setting for policyholders nationwide. In 2025, she secured two wrongful-conviction settlements each exceeding $14 million, including one reported as a record for wrongful conviction claims in Kansas City.

Tamara Bruno, Partner | Pillsbury Winthrop Shaw Pittman LLP

Partner Tamara Bruno leads the Texas section of Pillsbury’s Insurance Recovery & Advisory practice, named a 2023 “Insurance Practice Group of the Year” by Law360, from Houston, though her practice spans the nation.
She advises companies and institutional policyholders on complex and cutting-edge issues involving insurance and risk, and represents clients in high-stakes litigation involving insurance coverage disputes. Her experience spans a wide range of business insurance, including property and casualty coverage and a variety of liability coverages. Her primary focus is on specialized insurance coverages, including Directors & Officers liability, Cyber, Commercial Crime and Professional Liability insurance. Bruno advises and represents policyholders in all industries, including energy, technology, hospitality and consumer products.

• Education & Credentials

Tamara earned her J.D. from Hofstra University School of Law in 2009 and her B.F.A. from New York University in 2005. She is admitted to practice in Texas and New York, and has been board certified in Insurance Law by the Texas Board of Legal Specialization since 2024.

• Recognition & Leadership

Tamara is widely recognized for her work and expertise. She has been certified by the Texas Board of Legal Specialization in Insurance Law, recognized by Legal 500 U.S., Best Lawyers, Law360 and Chambers USA for her notable successes in insurance litigation. She was named a “Next Generation Partner” by Legal 500 U.S. in 2024, a Law 360 MVP in September 2021 and an Insurance Rising Star by the International Financial Law Review in their 2020 Americas Rising Star Awards. Additionally, Tamara served on Law360’s 2020, 2022 & 2024 Insurance Editorial Boards and was a member of The American Lawyer’s Young Lawyer Editorial Board. She served two terms as an elected council member for the Insurance Law Section of the Texas State Bar and is currently serving her second term on the Board of Directors for the Corporate Counsel section of the Houston Bar Association. She regularly writes and speaks on insurance law topics.

Select Honors & Awards: Recognized by Legal 500 U.S., Advice to Policyholders (2024–2025) as a Next Generation Partner. Recognized by Chambers USA in Insurance (2017–2026), and included as one of only three Star Associates Nationwide in any practice area in 2019. Recognized by Best Lawyers (published by BL Rankings LLC), Insurance Law (2021–2026); Litigation – Insurance (2026). Insurance MVP, Law360 (2021). Insurance Rising Star, International Financial Law Review (2020).

• Professional Involvement

Select Associations: Board Certified by the Texas Board of Legal Specialization for Insurance Law (2024-Present). Advisor, RIMS Houston Chapter Board – Legal (2019). Member, The American Lawyer Young Lawyer Editorial Board (2018). Member and Committee Chair, Council for the Insurance Law Section of the State Bar of Texas (2016–2020).

Select Recent Speaking Engagements: “When Plain Meaning Meets Generative AI for Policy Interpretation,” RIMS RiskWorld Conference, Philadelphia, PA (May 6, 2026). “Generative AI and Insurance,” Oregon RIMS, Portland, OR (March 19, 2026). “Generative AI: Managing Operational Opportunities and Risks,” Hawaii RIMS Webinar (May 29, 2025). “Generative AI: Managing Operational Opportunities and Risks,” Central Texas RIMS, Austin, TX (January 23, 2025).

• Experience

Tamara represents policyholders across all industries—including energy, technology, hospitality, healthcare, and consumer products—in coverage disputes involving property and casualty and a wide range of liability coverages. Representative matters include representing Delek in coverage litigation arising from a $170+ million personal injury settlement following a refinery explosion; representing a financial services company in Delaware federal litigation and arbitration seeking D&O coverage for costs tied to an SEC investigation and related shareholder suits; representing CareDx in California trial and appellate courts in D&O coverage litigation arising from government investigations, which resulted in recovery of full policy limits; and representing Zayo in Delaware litigation involving cutting-edge “bump-up” exclusion issues. She also represents an automotive company in cyber-insurance coverage litigation arising from a ransomware attack.

Ashley Bennett Jones, J.D., Senior Vice President, AI Risk & Advisory | Lockton Companies

Ashley Bennett Jones is Senior Vice President of AI Risk and Advisory within Lockton’s U.S. Cyber and Technology Practice, where she operates at the intersection of AI-related risk, coverage interpretation and development, governance, and executive-level client advisory. A lawyer by training and a longtime member of Lockton’s Professional and Executive Risk team, Ashley leads the firm’s AI risk efforts in collaboration with its Risk Solutions teams across all lines of coverage. She brings a proactive, cross-coverage approach to a rapidly evolving risk landscape—engaging and educating clients while driving AI-informed advisory and insurance solutions through carrier and consultant relationships.

• Education & Credentials

Ashley earned her J.D. from the Dedman School of Law at Southern Methodist University in Dallas, along with a B.A. in French and a B.A. in Art History, both also from Southern Methodist University. She holds the J.D. designation and is a member of the State Bar of Texas.

• Recognition & Leadership

Ashley serves as Senior Vice President of AI Risk and Advisory, a leadership role in which she spearheads Lockton’s AI-related risk initiatives across the U.S. Cyber and Technology Practice. Over her tenure at Lockton, she has advanced through roles including Account Manager, Account Executive, and Unit Manager, reflecting a sustained record of growth and increasing responsibility. She is recognized for providing exceptional service to a client base that includes large private and public firms.

• Professional Involvement

Ashley is an active member of the American Bar Association, the Dallas Bar Association, and the State Bar of Texas. In her advisory capacity, she works to educate clients and industry partners on AI and technology-enabled exposures, helping to shape AI-informed risk management practices across carrier and consultant relationships.

• Experience

As a member of Lockton’s Professional and Executive Risk team for more than a decade, Ashley advises clients on placing management liability insurance programs spanning Directors and Officers Liability, Employment Practices Liability, Fiduciary Liability, Commercial Crime, Kidnap & Ransom, Cyber Privacy/Security Liability, Technology E&O, and other errors and omissions coverages. She works closely with clients to ensure their policies are drafted to avoid disputes and maximize available coverage.
Before joining Lockton in 2015, Ashley spent six years as a litigator at Zelle Hofmann Voebel & Mason LLP, representing carriers in insurance coverage litigation arising from catastrophic commercial property losses. Her legal practice focused on novel insurance coverage issues, often involving large business interruption claims—experience that today informs her sophisticated, coverage-focused approach to advising clients on emerging AI and technology risks.

Michael Gonzales, Counsel | Lathrop GPM

Michael Gonzales is counsel in Lathrop GPM’s Dallas office, where he combines courtroom, corporate, and insurance-industry experience in a practice centered on commercial litigation, insurance recovery, and coverage counseling for corporate policyholders. He handles coverage disputes across commercial general liability, professional liability, first-party property, business interruption, commercial crime, and pollution liability policies, as well as primary, excess, and umbrella coverages and complex long-tail liability claims. He works as a strategic partner to in-house legal teams and risk managers, helping companies assess coverage positions and pursue recovery efficiently.

• Education & Credentials

Michael earned his J.D. and M.B.A. from Texas Tech University School of Law in 2016, where he was editor in chief of the Business & Bankruptcy Law Journal, a member of the Board of Barristers, a research assistant, and co-founder of the Texas Tech Law and Technology Association. He received his B.A. in
Political Science from the University of the Incarnate Word in 2010. He is admitted to practice in Texas and before the U.S. District Courts for the Eastern and Northern Districts of Texas.

• Recognition & Leadership

Michael serves on the board of directors of the SPCA of Texas, one of the largest animal welfare nonprofits in the country, where he is co-chair of the Development Committee and previously chaired the Governance Committee and the CEO Search Committee. He is also a founding member and former chair of the SPCA of Texas Young Professionals.

• Professional Involvement

Michael is a member of the Dallas Insurance Law American Inn of Court and an editor of the Journal of Texas Insurance Law. His publications include “Examinations Under Oath: Underwriting, Claims, and Litigation Considerations” (CPCU Alamo Chapter, 2022) and “Does a Default Judgment Satisfy Texas’ No Direct Action Rule?” (Journal of Texas Insurance Law, 2022). He has spoken on concurrent causation in Hurricane Harvey litigation and on insurers’ duty to defend.

• Experience

Before joining Lathrop GPM, Michael served as director and corporate counsel for a privately held company and its enterprise affiliates, managing commercial insurance and consumer litigation dockets — including high-exposure insured litigation across multiple policies and layers of coverage — and acting as lead counsel to two captive insurance companies on insurance holding company regulations, acquisitions, licensing, reinsurance, and Department of Insurance examinations. He also advised the board of directors and executive leadership on litigation, regulatory, and governance matters. Earlier in his career, he advised global insurance companies on policy language for new and existing insurance products and served as coverage litigation counsel. Before law school, he worked as an insurance underwriter for one of the largest property and casualty carriers in the United States.

Hadhy H. Ayaz, Associate | Pillsbury Winthrop Shaw Pittman LLP

Hadhy H. Ayaz focuses his practice on representing private and public policyholder clients from a wide range of industries in insurance recovery matters across the country. Hadhy’s experience includes navigating complex, multiparty and multi-insurer civil litigations and contesting denials and underpayments in connection with a wide variety of policies, including commercial general liability, errors and omissions, professional liability, D&O liability, cyber, and liability policies. Hadhy has litigated disputes on behalf of policyholder clients in state and federal courts and has represented clients in state and federal appellate courts, including the representation of amicus parties before the U.S. Supreme Court.

• Education & Credentials

Hadhy earned his J.D. from Harvard Law School in 2021 and his B.S. in Health Science, summa cum laude, from McMaster University in 2018. He is admitted to practice in the District of Columbia and served as a law clerk to Justice Peter J. Rubin of the Massachusetts Court of Appeals. He speaks Urdu.

• Recognition & Leadership

Hadhy serves on the Board of Directors of the Capital Area Muslim Bar Association.

• Professional Involvement

A member of the policyholder bar, Hadhy writes and speaks on salient liability insurance issues, including presentations to the Association of Corporate Counsel (ACC). His recent writing includes “AI Exclusions in Insurance Policies: Broad Language, Uncertain Impact” (Policyholder Pulse, April 2026).

• Experience

Hadhy served as lead attorney in a Ninth Circuit appeal of a follow-form D&O coverage dispute arising from national antitrust litigation, and secured a settlement exceeding $15 million for a national real estate management firm in coverage litigation arising out of antitrust claims. He has represented a Fortune 100 company in complex long-tail coverage disputes involving policy towers of hundreds of policies spanning four decades in the U.S. and London insurance markets, national publishing companies in a state court trial over coverage of copyright and IP claims under CGL policies, and the National Association of Broadcasters in a successful Petition for Writ of Mandamus to the FCC in the D.C. Circuit. He has also submitted amicus briefing to the U.S. Supreme Court in disputes involving sovereign immunity and the Appropriations Clause.

SESSION 1 – Diagnosing and Closing the AI Exclusion Gap in Professional Liability Policies | 1:00pm – 2:00pm ET

This session examines how insurers are systematically excluding AI-related risks from professional liability and E&O policies — through ISO standardized endorsements, carrier-specific absolute exclusions, and silent coverage gaps — and what coverage counsel must do to protect clients at renewal and in claims. Attorneys will analyze specific exclusion language from W.R. Berkley, Hamilton Insurance Group, and the ISO CG 40 47/48 and CG 35 08 forms, assess how the ‘arising out of’ standard operates in AI contexts, and identify how emerging affirmative AI coverage products can be structured to close gaps. By the end of this session, attendees will be able to audit a client’s existing policy stack for AI exposure, characterize claims to maximize coverage, and advise on program restructuring through endorsements, captive structures, and nascent standalone AI liability policies.

BREAK | 2:00pm – 2:10pm ET

SESSION 2 – Closing the Gap Before It Opens: AI Risk Mitigation Strategies and Risk Allocation in Contract Drafting | 2:10pm – 3:10pm ET

As AI tools move into design, engineering, construction, and project-management workflows, they create new legal, operational, professional-liability, intellectual property, and data-related risks that traditional contract language may not adequately address. This session explores practical approaches to identifying, mitigating, and allocating AI-related risks through thoughtful contract drafting so attorneys can position clients strategically in light of the emerging “AI coverage gap.” Attendees will be provided practical drafting examples for allocating AI-related risk and will learn how to develop appropriate contractual safeguards before a claim exposes an uninsured hole.