A contract whose performance depends on an uncertain event, the very nature of insurance that a prevention service turns into an obligation.
The insurance contract is an aleatory contract, whose performance depends on an uncertain event, as against a supply of services which engages the supplier under the ordinary rules of liability. Predictive artificial intelligence blurs that frontier, for the moment the insurer knows and intervenes, it leaves the register of the guarantee and enters that of the obligation. An insurer that detects an imminent failure and does not pass on the alert exposes itself to a liability for fault the premium never priced, turning the payer of losses into a possible author of them, and creating a liability item that neither pricing nor reserving anticipated.
The model flags an installation's imminent failure, the insurer does not pass on the alert, it explodes, and the insurer is pursued for its fault, not on its policy.
aléa contractuel