Millions of Claims Expected After AI-Related Incidents

Claims amounting to millions and the personal liability of executives are being discussed as AI agents are already causing incidents. In the absence of case law, insurers and legal experts describe a shifting landscape where risk analyses, procedural projections, and initial large-scale settlements are accumulating.

No Case Law and Record Initial Amounts

No case law has yet been established to serve as a reference in cases involving AI agents. According to Aki Hussain, CEO of Hiscox, it is premature to determine how U.S. courts will approach the issue of liability for these technologies. Aaron Le Marquer, a lawyer at Stewarts, predicts that upcoming lawsuits will draw inspiration from precedents in environmental and tobacco litigation. In this context, Anthropic accepted a $1.5 billion settlement in July in a copyright infringement case and warns in its IPO filing of "existential risks to humanity."

Exposed Executives and Scope of D&O Coverage

The personal liability of executives such as Sam Altman (OpenAI) and Dario Amodei (Anthropic) is now at stake, according to the Financial Times. Tim Rayner, head of underwriting and claims at Verisk, states that the responsibility lies with the CEO and that AI does not change the requirement for adequate oversight. Every business leader must ensure appropriate supervision. While OpenAI has Directors and Officers (D&O) insurance, it could cover the costs of lawsuits against Sam Altman.

Insurers on Alert and Risks Already Mapped

Insurance companies are anticipating claims that could reach several million euros due to uncontrollable AI agents. The cyberattack targeting the AI platform Hugging Face via agents from OpenAI is cited as a significant event. The brokerage firm Aon has analyzed over 300 lawsuits related to AI and highlights threats in the fields of cybersecurity, intellectual property, and insurance covering technological failures.