AI Vendor Agreements: Liability-Shifting Clauses and the Insurance Exclusions That Compound Them

Anthony B. Crawford, Chair | Olshan Frome Wolosky LLP

Anthony B. Crawford chairs the Insurance Coverage Law Practice at Olshan Frome Wolosky LLP in New York, where he advocates for policyholders in complex insurance recovery disputes. Across more than 13 years of practice, he has helped clients in industries ranging from banking and financial institutions to religious organizations secure over $100 million in judgments and settlements in state and federal courts, mediations, and domestic and international arbitrations.

• Education & Credentials

Anthony earned his J.D. from the University of Pennsylvania Law School in 2012, where he served as a Senior Editor of the University of Pennsylvania Journal of International Law, and completed a Certificate in Business and Public Policy at the Wharton School the same year. He received his B.A.S. from the University of Pennsylvania in 1998. He is admitted to practice in New York, New Jersey, and Pennsylvania, as well as before the U.S. Court of Appeals for the Second Circuit and federal district courts in New York, New Jersey, and Pennsylvania.

• Recognition & Leadership

Anthony was selected as a Leadership Council on Legal Diversity (LCLD) Fellow in 2024 and was named a “Rising Star” by New York Metro Super Lawyers from 2020 to 2022. Earlier in his career, he was recognized as Pro Bono Volunteer of the Year by the Penn Housing Rights Project (2011) and the Penn Employment Advocacy Project (2012). He also serves as a guest lecturer at Columbia Business School, where he speaks on the legal implications of artificial intelligence.

• Professional Involvement

Anthony writes and speaks frequently on insurance coverage issues affecting commercial policyholders. His recent work includes a May 2026 article in The Legal Intelligencer on the continued rise of generative AI exclusions in commercial insurance policies, a February 2026 piece in the Harvard Law School Forum on Corporate Governance on the Delaware Supreme Court’s affirmation of D&O coverage, and articles in the New York Law Journal, the Daily Business Review, Attorney at Law Magazine, and 7X24 Exchange Magazine. He has also presented CLE programming on navigating insurance coverage for property risks.

• Experience

Anthony advises clients on virtually every major line of coverage, including commercial general liability, directors and officers, errors and omissions, cyber, products recall, property, and builders’ risk policies. His representative matters include a multimillion-dollar Superstorm Sandy recovery for a national rail carrier, professional liability recoveries for large financial institutions, COVID-19 business interruption and civil authority claims, portfolio-company recoveries for private equity clients, a favorable recovery for a global agribusiness and food company for plant damage in China, and an international arbitration award arising from a yacht fire. Before joining Olshan, he was a partner in the Insurance Recovery Practice at Reed Smith LLP. Prior to his legal career, Anthony served for nearly 12 years as a United States Marine Corps officer and helicopter pilot, holding positions specializing in project management and operations training.

Jason M. Loring, Partner | Jones Walker LLP

Jason M. Loring is a partner in the Corporate Practice Group at Jones Walker LLP in Atlanta and a member of the firm’s commercial transactions team. He co-leads the firm’s privacy, data strategy, and artificial intelligence team, counseling clients on data privacy and protection, cybersecurity, data governance, breach response, artificial intelligence adoption and risk mitigation, and strategic technology and vendor transactions.

• Education & Credentials

Jason earned his J.D. from Wake Forest University School of Law in 2006, where he served on the editorial staff of the Wake Forest Law Review, and his B.A. in history from the College of Charleston in 2003. He is admitted to practice in Georgia. He holds the Certified Information Privacy Manager (CIPM) and Certified Information Privacy Professional, United States (CIPP/US) credentials from the International Association of Privacy Professionals (IAPP).

• Recognition & Leadership

The IAPP has named Jason a Fellow of Information Privacy (FIP). Before returning to private practice, he held senior legal leadership roles at global organizations, serving as senior vice president, deputy chief legal officer, and global head of privacy and data protection at Vialto Partners; as chief privacy and security counsel, Americas, at EY; as assistant general counsel, corporate services, at E*TRADE Financial Corporation; and as counsel, global enterprise solutions, at ADP.

• Professional Involvement

Jason serves on the board of directors of the Atlanta Bar Association’s Privacy and Cybersecurity Section, on the executive committee of the State Bar of Georgia’s Privacy & Technology Law Section, and on the State Bar of Georgia’s Special Committee on Artificial Intelligence and Technology. His publications include pieces in Bloomberg Law on generative AI vendor risk in banking, Law360, and the Chambers Global Practice Guide chapters on healthcare AI, and he presents regularly on AI governance, privacy, and third-party AI risk.

• Experience

Jason advises publicly traded corporations, privately held companies, government entities, and not-for-profits on the global data privacy, data protection, and artificial intelligence laws that shape their operations, including the EU and UK GDPR, HIPAA, the GLBA, the EU AI Act, the NIST Artificial Intelligence Risk Management Framework, and US state statutes such as the CCPA, the CPRA, and the BIPA. He helps clients build global privacy and AI governance and compliance programs, negotiate vendor and outsourcing agreements and contracts, and respond to data breaches, ransomware attacks, and other cybersecurity incidents. He began his legal career in private practice in Atlanta.

SESSION 1 – Insuring AI Risk After the 2026 Generative AI Exclusion Endorsements | 1:00pm – 2:00pm

This session will discuss the generative AI exclusions introduced by Verisk ISO and other carrier specific exclusions and their impact on the insurance market. The discussions will touch on will auditing a client’s full insurance tower for AI-related gaps, evaluating the emerging standalone AI liability market, and offering insights on the no-man’s land created when vendor liability caps and insurance exclusions compound each other. Attendees will leave able to identify coverage arguments that remain viable, recognize governance controls that underwriters now require, and align contractual risk-transfer strategy with actual insurance availability. It will cover the end of “Silent AI” coverage and introduction of new AI exclusions, why policyholders must audit their insurance programs and indemnity agreements for AI-related gaps, and how policyholders benefit from adopting established governance controls.

BREAK | 2:00pm – 2:10pm 

SESSION 2 – Negotiating AI Vendor Agreements: Liability Caps, Indemnities, and Data Rights | 2:10pm – 3:10pm 

As organizations rapidly adopt generative AI platforms and AI-enabled software, the vendor agreement often determines who ultimately bears the legal and financial consequences when an AI system fails, infringes intellectual property, exposes confidential information, or produces inaccurate results. This session examines the contractual provisions that deserve the greatest scrutiny during AI procurement and renewal negotiations. Attendees will learn practical strategies for negotiating liability limitations, indemnification obligations, ownership of prompts and outputs, confidentiality protections, subcontractor provisions, audit rights, and evolving regulatory compliance obligations before AI-related disputes arise. It will cover negotiating liability caps that reflect AI-specific risk, drafting effective AI indemnification provisions, protecting data, prompts, outputs, and intellectual property rights, and managing AI vendor performance, compliance, and operational risk.