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AI litigation and its impact on D&O insurance

ByJoy Schwartzman and Robert Herm
31 October 2025

As companies integrate artificial intelligence (AI) into core operations and product offerings, directors and officers (D&O) and ancillary lines of insurance must navigate a complex and evolving risk landscape, and will likely face substantial underwriting challenges. This article, published on the website for Risk & Insurance, discusses civil and regulatory actions relating to AI, D&O claim trends to date, and AI-specific issues that increase the potential for systemic losses.

Highlights

  • Shareholder litigation: Companies using AI to power their core products face heightened expectations for growth and profitability—and higher exposure to settlement risk.
  • Federal regulatory actions: We examine developments at the Securities and Exchange Commission, Department of Justice, and Federal Trade Commission.
  • State AI regulation: New AI-related statutes govern a wide variety of issues.
  • Shifting landscape: A graph of volume of event-driven securities class actions over the last five years shows how AI-related cases have emerged as the largest driver.
  • AI washing: We discuss some examples of securities class actions involving misrepresentation, fraud, and negligence and deceptive practices.
  • Impact on D&O: We offer some thoughts on how AI usage trends may affect claims costs and underwriting.

Read the full article here.


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Robert Herm

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