I continue to push through the last few in my countdown of my Top Ten posts on this blog in 2025, having now reached the number three post. Number three is actually one of my favorites. It raises the question of when, exactly, AI claims processing is proper and when, instead, it will prove to be nothing more than a lawsuit magnet.

As I discussed in the post, the dividing line seems to be between claims that simply require the mechanical application of fixed rules to precise facts, and claims that require judgment calls as to the relationship between a particular fact pattern and the plan or policy terms at issue.

Anyway, I can’t say I am surprised that an AI centered post ended up in the top three. If anything, I am surprised it didn’t land higher, but when I unveil the top two posts, you will see why it didn’t.

So, in any event, here is the third most popular post on this blog in 2025, “Claims Processing by AI? Here Come the Lawsuits.”

Photo of Stephen Rosenberg Stephen Rosenberg

Stephen has chaired the ERISA and insurance coverage/bad faith litigation practices at two Boston firms, and has practiced extensively in commercial litigation for nearly 30 years. As head of the Wagner Law Group’s ERISA litigation practice, he represents plan sponsors, plan fiduciaries, financial…

Stephen has chaired the ERISA and insurance coverage/bad faith litigation practices at two Boston firms, and has practiced extensively in commercial litigation for nearly 30 years. As head of the Wagner Law Group’s ERISA litigation practice, he represents plan sponsors, plan fiduciaries, financial advisors, plan participants, company executives, third-party administrators, employers and others in a broad range of ERISA disputes, including breach of fiduciary duty, denial of benefit, Employee Stock Ownership Plan and deferred compensation matters.