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Aipedia: Actuaries

AI in actuarial expert witness work

Actuarial experts can use AI to help with expert reports, but the opinion must be their own, independent and objective, and every calculation and reference must be verified. Courts expect experts to explain their working, and an unverified AI output can undermine the whole report.

In short

Actuaries give expert evidence on loss of earnings and pensions in injury claims, pension rights on divorce, and valuations in commercial disputes. AI tools can summarise bundles, run calculations and draft text. APS X3 requires actuarial experts to establish the scope of their instruction, have the necessary knowledge and skill, give independent and objective advice and act in accordance with obligations to the court or tribunal. Generative AI can produce references that do not exist and calculations no one has checked. Errors damage credibility and can lead to claims and complaints, which actuarial PI may respond to subject to the policy terms and to how expert work was declared.

How actuarial experts use AI

Expert work is document-heavy and calculation-heavy, so AI is tempting. Experts may use AI tools to summarise court bundles and medical or employment records, to extract figures from pension statements and payslips, to build first drafts of loss calculations, to draft report sections and to search for supporting literature. Each step can save time. Each also creates a point where the expert's own understanding can be bypassed.

Courts and tribunals rely on an expert because of their personal expertise. An expert who cannot explain how a figure was derived, or who cites material they have not read, is exposed in cross-examination and may find the rest of their evidence discounted as well. The more a report depends on AI-assisted steps, the more important it is that the expert can walk the court through each of them in their own words.

The duties that apply

APS X3, "The Actuary as an Expert in Legal Proceedings" (v2.0, effective 20 April 2018), applies to IFoA members acting as expert witnesses or expert advisers:

The Actuaries' Code also applies, including Principle 2 (competence and care) and Principle 6 (communication). The IFoA data science and AI guide warns about the veracity of third-party generative AI tools (2.14 to 2.15).

What can go wrong

Illustrative scenario: an actuary preparing a pension loss report in an injury claim uses a generative AI tool to draft the methodology section and to suggest supporting references. The tool cites two articles that do not exist and describes a calculation step slightly differently from the spreadsheet actually used. The opposing expert spots both. In cross-examination, the actuary cannot say where the references came from. The judge prefers the other expert's evidence, and the instructing solicitors later complain that the report was not fit for purpose.

Other risks include uploading disclosed documents to tools that do not keep them confidential, AI summaries that miss an inconvenient fact, and reusing a template calculation that does not fit the case. See AI-drafted actuarial reports and client data confidentiality.

How PI usually responds

Experts can face claims from the party that instructed them where the work falls below a competent standard, as well as complaints to their professional body. A negligence claim arising from expert work would usually fall within actuarial PI, subject to the policy terms, provided expert witness work was declared to the insurer. Some policies treat expert work as a distinct activity, so check how yours describes it. Disciplinary defence costs may or may not be included depending on the wording. For more, see expert witness insurance and PI for expert witnesses, and PI for actuaries.

Practical controls

How Apex helps

Apex arranges PI for actuaries who do expert witness work; a broker can check that the activity is properly declared and how disciplinary costs are treated. See the AI in actuarial work overview.

Sources

Frequently asked

Can an actuarial expert use AI to draft a report for court?

AI can help with drafting, but the opinion must be the expert's own, independent and objective under APS X3, and the expert must comply with the court's rules. Every figure and reference should be verified, and the expert must be able to explain the working.

What is the risk of AI-generated references in expert reports?

Generative AI tools can produce plausible references to material that does not exist or does not say what is claimed. In court, that can destroy credibility. Only cite sources you have read and checked yourself.

Does actuarial PI cover expert witness work?

It often can, if expert work is declared to the insurer and within the policy's description of your professional activities. Check the wording and whether disciplinary defence costs are included, as policies differ.

Check your PI covers how you use AI

Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.