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looking, not to the intent of the autonomous coverage can be related in some minimize overall harm. Development and
vehicle, but by examining whether substantial way to the commission of adoption of crash optimization technology
allowing coverage will incentivize tortious wrongful acts of that character. should be encouraged, and ensuring the
behavior. The public policy underlying the Harasyn, 49 Ohio St.3d at 176 (internal availability of coverage for the intentional
uninsurability of intentional torts is that quotation marks and citations omitted). torts resulting from crash optimization
“[l]iability insurance does not exist to relieve In other words, insurance should only be will help unlock the life-saving potential of
wrongdoers of liability for intentional, barred for intentional torts where harmful autonomous vehicles.
antisocial, criminal conduct.” Gearing v. conduct would be encouraged by allowing
Nationwide Ins. Co., 76 Ohio St.3d 34, 1996- transfer of “the financial cost of the loss
Ohio-113, 665 N.E.2d 1115 (1996). As the from the wrongdoer to his insurer.” Id. Emmanuel Sanders is an associate
Supreme Court of Ohio clarified in Harasyn, (internal quotation marks omitted). with Ulmer & Berne LLP where
failing to appropriately distinguish between In the case of autonomous vehicles, he focuses his practice on the
different kinds of intentional torts: manufacturers and programmers seeking to defense of product liability claims,
...does not admit the possibility that minimize the overall harm of a crash are not including pharmaceutical and
some torts might not be particularly driven by some “antisocial” impulse, but by medical device actions. Emmanuel previously
encouraged if insurance were available a rational and laudable desire to minimize served as a law clerk to Justice Neal Hendel of
for them. The better view is to prohibit harm. Indeed, crash optimization only the Supreme Court of Israel. He has been a
insurance only for those intentional comes into play where damages are certain CMBA member since 2018. He can be reached
torts where the fact of insurance to result and the only question is how to best at (216) 583-7220 or esanders@ulmer.com.

Erin E. marks Thomas nathaniel Pope John v. Scharon, Jr. christopher r. Strnad
Fairmount Santrol Holdings Inc. John V. Scharon, Jr
matthew marsalka Emily Port michael Schauer allison Joyce Terry
Jones day
mark r. mazanec robert B. Port Patricia lynn Seifert charlee rayann Thomas
The Sherwin-williams Company Hahn Loeser & Parks LLP

aanand mehta Jordan leigh Powers Quentin Sims Evette Thompson
Jones day Jones day
michael merritt Paige mackenzie rabatin Zachary Brian Singerman Taylor Thompson
Jones day BakerHostetler
kent r. minshall, Jr. christopher razek caroline E. Smith caitlin Throne
Minshall Law Offices Co., LPA Gallagher Sharp Assured Partners, Inc Ohio State Moritz College of Law
katherine lee moscarino alicia rector michelle margaret Smith roberta l. van atta
Moscarino & Treu, L.L.P. Cuyahoga County Probate Court
nathan nasrallah lauryn Taylor robinson rebecca Smith courtney lynnette verardi
Case western Reserve University School of Law Cuyahoga County Probate Court

marcus l. notaro William Joseph ross Sarah Beth Smith maureen Therese Wallace
Key Bank Calfee, Halter & Griswold LLP
adam Parker-lavine margaret ruf John c. Spiccia Tina E. Wecksler
day Ketterer, LTd Cuyahoga County Probate Court notre dame College
olivia Pedersen allison Stuart rusche Eric J. Steiner Eric c. Wiedemer
Jones day ABA Insurance Services Hinkley Lighting, Inc.
alissa Peeples andrew David rutsky reid Wesley Stephan Brandon Wojtasik
Jones day Case western Reserve University School of Law Calfee, Halter & Griswold LLP
Emily Peters James a. Samuels Bethany renae Stewart Paul v. Wolf
Guggenheim Inc. Patituce & Associates Law Offices of Paul V. Wolf
robert alexander Pleines, Jr. rodd a. Sanders Justin David Stoll Thomas m. Wynne
Sonkin & Koberna, LLC Jones day The Interlake Steamship Company
luann aerni Polito Stephanie B. Scalise ralph Streza
The MetroHealth System Scalise Legal Services, LLC Critchfield, Critchfield & Johnston, Ltd.

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