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Holding·last review29 Apr 2026

A class of derivative actions is forming in 2025-2026 around board failure to supervise AI deployments under the Caremark line, and D&O carriers are responding at renewal with explicit AI questionnaires and emerging exclusions, materially shifting director liability exposure that most boards have not yet read in their actual policy language.

Cross-domain: Caremark / Marchand fiduciary doctrine intersected with agentic AI as 'mission-critical' surface. The published case law is anticipatory; the D&O market response is operational. Editorial frame names the four artefacts (AI inventory, named board oversight, regular reporting, incident-response) that distinguish defensible records from vulnerable ones.

Published
29 Apr 2026
Last reviewed
29 Apr 2026
Next review
+59d· 30 Jun 2026
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