Reinsuring AI: Energy, Agriculture, Finance & Medicine as Precedents for Scalable Governance of Frontier Artificial Intelligence
Journal:
arXiv
Published Date:
Apr 2, 2025
Abstract
The governance of frontier artificial intelligence (AI) systems--particularly
those capable of catastrophic misuse or systemic failure--requires
institutional structures that are robust, adaptive, and innovation-preserving.
This paper proposes a novel framework for governing such high-stakes models
through a three-tiered insurance architecture: (1) mandatory private liability
insurance for frontier model developers; (2) an industry-administered risk pool
to absorb recurring, non-catastrophic losses; and (3) federally backed
reinsurance for tail-risk events. Drawing from historical precedents in nuclear
energy (Price-Anderson), terrorism risk (TRIA), agricultural crop insurance,
flood reinsurance, and medical malpractice, the proposal shows how the federal
government can stabilize private AI insurance markets without resorting to
brittle regulation or predictive licensing regimes. The structure aligns
incentives between AI developers and downstream stakeholders, transforms safety
practices into insurable standards, and enables modular oversight through
adaptive eligibility criteria. By focusing on risk-transfer mechanisms rather
than prescriptive rules, this framework seeks to render AI safety a structural
feature of the innovation ecosystem itself--integrated into capital markets,
not external to them. The paper concludes with a legal and administrative
feasibility analysis, proposing avenues for statutory authorization and agency
placement within existing federal structures.