Mobley v. Workday: vendor as employer agent — FEHA claims proceed 2026
—EU AI Act high-risk + global AI governance wave
Regulatory exposure — commonly overlooked:
Carriers imposing AI governance on insureds must pass the same NAIC Exhibit D exam on their own AI — 68% outsource, 18% track vendor risk. · Multinationals built for one jurisdiction fail exams in another — one receipt architecture, many filing packs.
TAM / Exposure
$4.2B+ US EPL premium · AI hiring exposure
Insurance lines
EPL · D&O · Cyber
Exhibit authority
Global External Validation — NAIC Exhibit D — External Validation Pack
Global leaders
AmTrust · Counterpart · EEOC · Workday · Eightfold AI · ISO · NIST · OECD
Mobley + Eightfold pincer
Discrimination (agent theory) AND FCRA process failure — two claims, one premium, vendor indemnity capped at subscription fees.
Illinois HB 3773 live
AI in hiring = civil rights issue Jan 1 2026. Notice + audit trail required. Receipts are compliance infrastructure, not nice-to-have.
Counterpart benchmark
Affirmative AI EPL with structured governance data points is shipping now. Questionnaires lose in discovery; verify links win.