Claims emails and AI confidentiality: what bad news to a client gives away in ChatGPT or Claude.
The hardest email a broker writes is the one that tells a client their claim may not be covered. It has to be accurate, careful about the brokerage’s own position, and kind, which is the exact brief that gets handed to ChatGPT or Claude. It carries the insurer’s reasoning, the client’s exposure, and often the brokerage’s. This page marks every item in a claims email that the Code of Practice and the Privacy Act bear on, and shows how the same email is drafted on Ermos inside the brokerage.
The claims email to a client
Sent when an insurer raises an indemnity issue or declines a claim, to explain the position and the client’s options, as section 7.1 of the Code of Practice contemplates.
To: Daniel Okafor1
From: Jenny Nguyen, Claims Manager, Pacific Harbour Insurance Brokers8
Subject: Tupou claim1: insurer’s position and next steps
Dear Daniel,
I wanted to set this out in writing after our call, because the position is serious and you should have it in front of you.
The insurer’s position. Meridian has reserved its rights on indemnity. Its solicitors say that removing the guard from the edgebander may amount to reckless conduct, which the policy excludes. They rely on Marcus Hale’s statement that the guard was taken off two days before the incident because it kept jamming.2
What that means. If Meridian declines indemnity, the claim by Mr Tupou, currently pleaded at $240,000, would fall to the company. Mr Tupou’s surgeon assesses a 12% permanent impairment of the finger and psychological effects, so the figure is unlikely to come down much.3
The workers compensation gap. Separately, the adjuster has noted that your workers compensation policy lapsed between 3 and 14 March for non-payment. Mr Tupou was a labour hire subcontractor, so the lapse may not affect his claim directly, but it is a compliance breach in its own right and SIRA, the NSW workers compensation regulator, may pursue it. We should have flagged the lapse when the renewal invoice went unpaid, and I am sorry we did not.4
Your exposure. If the exclusion is upheld and the company cannot meet the claim, there is a question about whether Mr Tupou’s lawyers would look to you personally as the director, particularly given the SafeWork notice. That is a legal question and you need your own advice on it.5
What we recommend. Do not give any further statement to the adjuster without legal advice. Engage a solicitor; we can suggest two. Let us respond to Meridian on the indemnity question on your behalf, arguing that the guard removal was by an employee without the company’s knowledge. Keep the current policies paid and current.6
I know this comes at a bad time with the Coastline situation. Call me any time.7
Jenny8
An invented email. Hover or tap any highlighted item for the analysis; the full list is below.
What leaves the brokerage
- 1The client and the claim
Named, with the claimant’s surname in the subject line. Privacy Act guide.
Frontier Models (ChatGPT, Claude) Transmitted to the provider, generally offshore on personal plans Ermos Edge Stays on your instance in Australia; leaves only inside a permitted excerpt, per question, to the named provider Ermos Dominion Stays on the unit in your office - 2The insurer’s reasoning and a named witness
Why the insurer may decline, and the employee whose statement it relies on. Evidence in a dispute, attributed. Privacy Act guide.
Frontier Models (ChatGPT, Claude) A named witness and the insurer’s reasoning transmitted Ermos Edge Stays on your instance in Australia; leaves only inside a permitted excerpt, per question, to the named provider Ermos Dominion Stays on the unit in your office - 3The claimant’s injury and the amount
A third party’s permanent impairment and psychological effects, and the sum claimed. Sensitive information about someone who is not the client. Patient data guide.
Frontier Models (ChatGPT, Claude) A third party’s injury transmitted; on consumer tiers it can train future models Ermos Edge Stays on your instance in Australia; leaves only inside a permitted excerpt, per question, to the named provider Ermos Dominion Stays on the unit in your office - 4A lapsed policy and the brokerage’s apology
A compliance breach by the client, and an admission that the brokerage should have caught it. The sentence a professional indemnity insurer would read first.
Frontier Models (ChatGPT, Claude) Your own apology now on a third party’s servers Ermos Edge Stays on your instance in Australia; leaves only inside a permitted excerpt, per question, to the named provider Ermos Dominion Stays on the unit in your office - 5The director’s personal exposure
That the client may be personally liable. The most alarming paragraph in the email, about a named individual. Privacy Act guide.
Frontier Models (ChatGPT, Claude) A director’s personal exposure transmitted Ermos Edge Stays on your instance in Australia; leaves only inside a permitted excerpt, per question, to the named provider Ermos Dominion Stays on the unit in your office - 6The advice
What the brokerage recommends, including how it will argue the indemnity point. Strategy in a live dispute.
Frontier Models (ChatGPT, Claude) Strategy in a live dispute transmitted Ermos Edge Stays on your instance in Australia; leaves only inside a permitted excerpt, per question, to the named provider Ermos Dominion Stays on the unit in your office - 7A reference to the client’s other troubles
The Coastline situation, in passing. Confidential business information.
Frontier Models (ChatGPT, Claude) Transmitted and kept on the provider’s terms Ermos Edge Stays on your instance in Australia; leaves only inside a permitted excerpt, per question, to the named provider Ermos Dominion Stays on the unit in your office - 8The claims manager
Ties the email, and its apology, to a named staff member.
Frontier Models (ChatGPT, Claude) Transmitted, and the leak is traceable to you Ermos Edge Stays on your instance in Australia; leaves only inside a permitted excerpt, per question, to the named provider Ermos Dominion Stays on the unit in your office
What happens in Frontier Models (ChatGPT, Claude)
- The whole document is transmitted to the provider’s servers. On personal plans the user cannot choose where it is stored or processed, and for the major providers that has generally meant outside Australia, under that country’s legal process. Some business plans offer storage in Australia, but the provider still receives the content.
- On consumer tiers, prompts can be retained and used to train future models.
- The provider’s staff and systems can reach the content under the provider’s own policies.
- Once sent, the brokerage no longer controls it. Retention and deletion happen on the provider’s terms.
The same document on Ermos
Ermos Dominion
The document is drafted on a unit in your office, from your own templates and the client file. Every marked item stays on the unit, which keeps working with the internet switched off. Nothing in it is transmitted to an AI provider, so there is no disclosure to analyse: the confidentiality work is the same as for your file server.
Ermos Edge
Your documents, the index and your access boundaries stay on your own instance in an Australian data centre. When a staff member asks for this draft, only their question and the excerpts they are permitted to see go to a named Australian provider, who is contractually barred from keeping the content or training any model on it. Nothing is processed outside Australia.
| Frontier Models (ChatGPT, Claude) | Ermos Edge | Ermos Dominion | |
|---|---|---|---|
| Where the document is processed | Provider servers, generally offshore on personal plans | Your instance in an Australian data centre; answers generated in Australia | The unit in your office |
| Who can read it | Provider staff and systems, under policy | Your staff, within the boundaries you set. The named Australian provider processes only permitted excerpts, under contract, and keeps nothing | Your staff only |
| Is it kept | On the provider’s terms | Kept on your instance; the provider is barred from retaining it | Stays on the unit |
| Can it train a model | On consumer tiers, yes | No, by contract | Only your own unit learns from it, on your hardware |
Part of AI data leakage in insurance brokerages. See how this works in practice: Claims chronologies on Ermos.
Common questions
Do ChatGPT and Claude use the information in a claims email to a client?
Is it safe to paste a claims email to a client into ChatGPT or Claude?
Does deleting the chat remove a claims email to a client from ChatGPT or Claude?
How can a brokerage use AI for a claims email to a client without sending it to ChatGPT or Claude?
Why is the brokerage's apology the item to worry about?
Does the Code of Practice cover claims emails?
How is a difficult claims email drafted on Ermos?
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