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ARTICLE · 24 DECEMBER 2021

New Industries Adopting Autonomous Equipment Will Mean Insurance Gaps

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Businesses that don't confirm they have adequate insurance coverage for different scenarios may be vulnerable.

CanadaInsurance
Robert Love
Robert Love
Sarah Makson
Sarah Makson
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Background. Industries that use autonomous vehicles, machinery and systems are able to increase efficiency and decrease costs, and tech adoption is catching on in new sectors such as agriculture, mining and construction. The advantages are obvious. Not so top-of-mind are questions about liability. Who is responsible for defects, breakdowns, misuse, accidents and privacy breaches? What are the implications for intellectual property, marketing, warranties, data rights, cybersecurity and safety? What happens if technology that is integral to operations is discontinued? What risks are assumed by users of autonomous equipment as opposed to owners? Is software — which is licensed, not owned — covered by a general commercial liability policy?

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