The Insurance Challenge: AI-Assisted Pro Se Litigation and Rising Defense Costs

Short summary

AI tools are enabling pro se litigants to generate sophisticated-looking legal filings at scale, creating new cost burdens for insurers who must defend against pleadings that may lack legal merit but still require careful review. New Jersey courts have issued guidance on AI use, and multiple cases show patterns of fabricated authorities and misstated holdings in AI-generated filings. The core insurance problem is rising defense costs from increased volume and complexity of pro se filings, regardless of their ultimate legal validity.

• •AI lowers barriers for pro se litigants to file polished but potentially unreliable legal documents
• •Courts are encountering fabricated citations and invented authorities in AI-generated filings
• •Insurers face rising defense costs from increased volume of AI-assisted pro se litigation

Generated with AI, which can make mistakes.