AI Exclusions in Business Insurance Policies

Some insurers have started excluding claims arising from artificial intelligence. ISO, which writes many standard policy forms, filed optional generative AI exclusions for commercial general liability, and broad AI exclusions have been reported on some D&O and E&O policies. These exclusions are optional for each insurer, so the only way to know is to read your own policy and endorsements.

By Trella Commercial · Updated October 23, 2026

The short version

  • Standard forms now have AI exclusions available. Verisk says ISO filed new optional multistate exclusion endorsements for generative artificial intelligence for its general liability program.
  • They are optional. Each insurer decides whether to use them, state by state. A policy renewed without one this year may have one next year.
  • Broader exclusions are appearing on management and professional policies. Trade press and law firms have reported an "absolute" AI exclusion from W. R. Berkley on D&O, E&O, and fiduciary products, and TechCrunch, citing the Financial Times, reported that Great American, Chubb, and W. R. Berkley asked U.S. regulators for permission to exclude AI-related liabilities from corporate policies.
  • The opposite trend exists too. Some insurers add affirmative AI coverage instead. See the AI liability guide.

The ISO general liability exclusions

According to Verisk's descriptions, as reported by Claims Journal in July 2026:

FormWhat it excludes
CG 40 47Bodily injury, property damage, and personal and advertising injury arising out of generative AI, under the commercial general liability coverage part
CG 40 48Only personal and advertising injury (Coverage B) arising out of generative AI
CG 35 08Bodily injury and property damage arising out of generative AI, under the products and completed operations coverage part

According to Verisk, each form includes a definition of generative AI. Personal and advertising injury includes claims like defamation and copyright infringement in your advertising, which is where AI-generated marketing content creates exposure.

What an AI exclusion can take away

PolicyClaims an AI exclusion could remove
General liabilityInjury or damage from AI-enabled products; defamation or infringement in AI-generated advertising
Professional liability (E&O)Client losses from AI-assisted work, often the core of a service firm's exposure
D&OShareholder or investor claims over AI statements and strategy
EPLIDiscrimination claims from AI hiring and screening tools
CyberBreaches or fraud involving AI, if a policy excludes them rather than covering them

How to check your policies

  1. Search the full policy, not the declarations page. Look for "artificial intelligence," "generative," "machine learning," "algorithm," and "automated."
  2. Read every endorsement added at renewal. Exclusions can arrive as endorsements or as revised policy wording, and may not come with any change in premium.
  3. Ask for the specimen forms before you bind. Your broker can request the exact endorsement list from the insurer.
  4. Compare the exclusion to how you actually use AI. A broad "arising out of" exclusion can reach claims where AI played only a small part.
  5. Look for affirmative coverage if an exclusion lands on a policy you rely on.

Paste a client contract into our contract insurance checker to see whether it asks about AI.

Common questions

Are insurers excluding AI?

Some are. ISO has filed optional generative AI exclusions for general liability, and AI exclusions have been reported on some D&O and E&O policies. Whether your policy has one depends on your insurer and state.

What does a generative AI exclusion exclude?

According to Verisk's descriptions, ISO's CG 40 47 excludes bodily injury, property damage, and personal and advertising injury arising out of generative AI under general liability. Narrower versions exclude only advertising injury or only products and completed operations.

Can I get the exclusion removed?

Sometimes, by choosing a different insurer, negotiating the endorsement, or adding affirmative AI coverage. It depends on how you use AI and what the market is offering for your industry.

Is my policy affected if I do not build AI?

Possibly. The AI exclusions reported so far, including ISO's and Berkley's, are written around claims "arising out of" AI, which can include AI tools you use, not only ones you build.

Sources

This guide is general information. Coverage depends on the policies actually issued. Reviewed October 2026.

More in this guide

Find out what your current policies actually cover.

Send us what you have. We review it line by line against your leases and contracts, and tell you plainly what is missing. Free, and no obligation.