Specialist insurers estimate the largest AI developers’ legal liabilities at tens of billions of dollars, possibly hundreds of billions, while Munich Re’s AI model-error cover tops out at $50 million. Verisk’s ISO introduced generative AI exclusions for general liability effective January 1, 2026, and more than 60 carrier groups have filed AI exclusions. Berkley’s “absolute AI exclusion” removes D&O coverage for matters touching AI use or governance.
Reported by: Michael Parekh summary of WSJ (Oct 18); CSIS (Sept 4); Global Finance (Oct 8)
Insurance is becoming AI’s first regulator.
Before your January 1 renewal, insist on:
- A written answer from your brokerISO generative AI endorsements, absolute AI exclusions or AI sub-limits may not show on the declarations page.
- Vendor contracts mapped to the indemnity gapFoundation-model vendors reportedly indemnify mainly IP claims, not bodily injury or penalties.
- D&O treated as a board itemDocument whether you will buy standalone cover, self-insure or limit deployment scope.
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