A federal court has allowed Derek Mobley's lawsuit against Workday to proceed, challenging whether AI platforms bear responsibility for discriminatory hiring outcomes. Mobley claims Workday's algorithms rejected him from over 100 jobs due to age discrimination, while Workday argues it's not liable for client decisions. The case could establish critical precedents as businesses increasingly delegate tasks to AI agents.

Insurance companies are already responding by excluding AI-related losses from standard policies and adding sublimits to coverage caps. AIG has sought regulatory approval to remove AI-related harms from corporate insurance, while brokers like Aon warn that AI's unpredictable behavior creates systemic economic risks. The technology's autonomous nature makes it fundamentally different from traditional business perils like cyberattacks or natural disasters.

Legal experts draw parallels to the insurance industry's historical shift from including cyber risks in general liability to creating standalone cyber insurance products. Kevin Kalinich of Aon argues that AI agents' unpredictable behavior could make them effectively uninsurable, particularly when deployed in critical infrastructure. The Workday case represents just the beginning of what could become a flood of AI-related liability claims across industries, from retail to banking to essential services.