
Artificial intelligence has generated considerable discussion about operational, regulatory, and compliance risks that may translate into D&O underwriting exposure. An August 27, 2026, ruling allowing a securities class action against CVS to proceed highlights a growing source of securities litigation risk arising when AI-enabled business processes materially contribute to financial performance. The Southern District of New York granted in part and denied in part CVS’s motion to dismiss, permitting claims to proceed based on allegations that the company failed to disclose material information regarding the role AI-assisted prior authorization processes allegedly played in generating cost savings and supporting profitability.
Continue Reading The CVS Case and the Emerging D&O Risks of AI-Driven Performance






