The Nickel Report

Colleges and universities have long sat at the crossroads of freedom of expression and societal change. As campus activism surges, they face growing pressure to protect their institutional missions while upholding students’ individual rights in an era of heightened scrutiny.

Artificial intelligence is transforming how businesses operate—but with innovation comes new, complex risks. A recent lawsuit—Raine, et al. v. OpenAI, Inc., Docket No. CGC25628528 (Cal. Super. Ct. Aug 26, 2025)—spotlights this dynamic and highlights why tried-and-true insurance products are still a critical first line of defense.

On August 26, 2025, the parents of a 16-year-old boy sued OpenAI, its CEO Sam Altman, and certain employees and investors. They claim that ChatGPT contributed to their son’s suicide by encouraging suicidal conduct, providing instructions on how to commit suicide, and even offering assistance in tying the knot used by the boy in the noose that eventually took the boy’s life. According to the complaint, the boy told ChatGPT that he “intended to commit suicide.” Rather than dissuade the suicide, the complaint claims that ChatGPT offered to “help him write a suicide note,” stating “I’ll help you with it. Every word.” Based on this factual background, the lawsuit alleges design defects, inadequate warnings, and violations of California’s Unfair Competition Law. Importantly, these allegations are just that: allegations. The case is just beginning, meaning no proof or substantiation has yet been offered beyond the allegations.

A Delaware court recently held in Mattel, Inc. and Fisher Price, Inc. v. XL Insurance America, Inc., et al., that a series of product liability claims dating back to 2013 constituted a single “occurrence” under the toy manufacturer’s and distributor’s commercial general liability (CGL) policies.

For decades, homeowners and other insurance policies have included broad pollution exclusions, often referred to as a “total pollution exclusion.” In a recent decision in Wheeler v. Garrison Prop. & Cas. Ins., No. S-18849 (Alaska Feb. 28, 2025), the Alaska Supreme Court held that a “total pollution exclusion” in a homeowners insurance policy did not apply to exclude coverage for injury arising out of exposure to carbon monoxide emitted by an improperly installed home appliance. Examining the breadth of the exclusion and applying the generally held principle that exclusions are to be construed narrowly, the court thus fulfilled the policyholder’s reasonable expectation of coverage for injuries resulting from the carbon monoxide exposure.