2025 Trends to Watch: The Proliferation of AI Technologies & Associated Liabilities

AI technology, which has rapidly gained popularity in recent years, refers to machines and systems that can mimic human intelligence processes. Its applications are vast, with some of the most common uses including computer vision (e.g., drones), natural language processing (e.g., chatbots), and predictive or prescriptive analytics (e.g., mobile apps). The International Data Corporation predicts that the market for AI and cognitive solutions will surpass $60 billion by 2025, a significant increase from $1 billion in 2015. Given this exponential growth, businesses need to carefully consider both the advantages and challenges of adopting AI technology.

AI systems have the potential to enhance loss control measures and claims management across various lines of commercial insurance coverage. For instance, in workers’ compensation, AI can act as a powerful safety tool. It can assist with prompt injury diagnoses, generate tailored treatment plans to improve recovery, identify optimal healthcare providers, and analyze injury patterns to uncover root causes of incidents. By providing these insights, AI helps companies mitigate future losses and reduce the overall complexity of claims. Additionally, AI tools can streamline operations by automating workflows, delivering predictive insights for better decision-making, and enhancing due diligence processes at the executive level. Such capabilities may help businesses reduce exposures and manage liability concerns. Insurers, too, can leverage AI to detect fraud, assess individual risks, and offer 24/7 claims support across multiple coverage segments.

Despite its benefits, AI also introduces significant risks to the commercial insurance landscape. One key issue is the potential for bias. AI models rely on training datasets that, if flawed or incomplete, can perpetuate or amplify existing biases, leading to unfair outcomes. Since AI systems are ultimately driven by human-designed algorithms, errors or inaccuracies during the input phase can have far-reaching effects, resulting in biased corporate decision-making and exposing businesses to lawsuits. To address these concerns, the U.S. Equal Employment Opportunity Commission (EEOC) has released comprehensive guidelines for mitigating AI-related biases in the workplace.

AI implementation can also raise ethical concerns, particularly around data privacy and security. Generative AI systems require large amounts of data for training, increasing the likelihood of data breaches or unauthorized access to sensitive information. Improper handling of data—including its collection, processing, and sharing—can result in regulatory violations and significant fines. Businesses must remain vigilant to ensure compliance with data protection laws and implement safeguards to protect personal information.

Moreover, the legal landscape surrounding AI is continually evolving. Companies must monitor changes in legislation to maintain compliance and avoid costly penalties. On May 17, 2024, Colorado became the first state to pass comprehensive AI regulation with Senate Bill 24-205. Effective February 1, 2026, this law will require businesses to exercise reasonable care to prevent discrimination when using AI for critical decision-making processes, such as hiring or termination. Similar legislation is expected to emerge in other states, signaling a growing regulatory focus on AI usage.

Cybersecurity is another growing concern as cybercriminals increasingly exploit AI technology to accelerate and enhance malicious activities. These activities may include launching malware attacks, executing social engineering scams, identifying software vulnerabilities, and analyzing stolen data. AI enables cybercriminals to operate more efficiently and effectively, resulting in greater damage and more frequent cyber incidents. As these threats intensify, businesses must weigh the risks of AI and adopt robust risk management strategies before integrating it into their operations.

AI liability is a significant and expanding concern for businesses across all industries. Errors, biases, and system vulnerabilities can lead to a variety of claims, from financial losses to safety incidents. For companies that use AI in autonomous vehicles or business-critical decision-making, the risks are particularly severe, as failures can result in safety hazards, cybersecurity breaches, and financial exposure. These concerns are driving innovation in AI insurance products, which aim to address emerging risks tied to AI use.

Currently, AI-related insurance primarily focuses on liabilities stemming from AI development and deployment. This includes errors and omissions caused by AI systems, cybersecurity breaches linked to AI vulnerabilities, and product liability claims involving AI-powered devices. As AI becomes more deeply embedded in society, demand for specialized insurance coverage will likely grow. Future coverage areas could include liability for AI-generated misinformation or defamation, protection for physical damage caused by autonomous systems (e.g., drones or robots), and safeguards against claims of discrimination resulting from AI-driven decisions.

Ultimately, businesses must approach AI adoption strategically. By understanding both its transformative potential and associated risks, organizations can implement effective risk management practices and ensure they are well-prepared to navigate the evolving AI landscape.

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