The first wave of litigation challenging insurers’ use of artificial intelligence (“AI”) in coverage determinations has arrived. These early decisions suggest that courts willingly scrutinize AI’s role in claim handling and are willing to conclude that the reasonable use of an AI platform mustn’t be criticized. We’ve briefly addressed three (3) recent federal decisions – …
A recent decision in Estate of Lokken v. UnitedHealth Group, Inc. highlights emerging litigation risks associated with insurers’ use of artificial intelligence tools to guide coverage decisions. The case involves allegations that UnitedHealth Group relied on an AI-driven predictive model developed by its subsidiary naviHealth to determine the appropriate duration of post-acute medical care for insureds. The court’s …
The integration of Artificial Intelligence (“AI”) systems has become a forefront of potential innovation and efficiency, for insurers and insureds alike. Recognizing that AI systems may permeate all stages of the insurance life cycle, the Connecticut Insurance Department has issued a detailed Bulletin providing a comprehensive overview of the regulatory framework and expectations for insurers’ …
The legal practice is always playing catch up with the latest technology—the most recent example of this enduring game of cat-and-mouse is ChatGPT, an artificial intelligence tool that launched in November 2022. The use of ChatGPT in the legal industry recently came to a head, when two lawyers in the U.S. District Court for the …
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