For Brokers

The standalone policy for generative AI liability, built for brokers to place.

Your clients are deploying generative AI. Their E&O and CGL forms exclude third-party harms caused by that AI (ISO endorsements CG 40 47, CG 40 48, and CG 35 08, from January 1, 2026). Testudo writes the standalone third-party liability policy that fills the gap.
Lloyd's Coverholder
A+ (Superior) capacity
ApolloAtriumQBEHiscox
  1. 01

    What is generative AI?

    Generative AI refers to models that produce new content (text, images, video, audio, or code) in response to a prompt. ChatGPT by OpenAI and Claude by Anthropic are the best-known examples, and they're the same systems your clients are already running.

  2. 02

    Your insureds are already using AI today.

    50%+

    of U.S. organizations have deployed AI in at least one business function (McKinsey, State of AI survey, 2024-2025)

    From content generation to website chatbots, organizations across most industries are putting generative AI into production. The accounts you'll renew next month are already using AI in production.

  3. 03

    Liability is rising, and coverage is being taken away.

    140%+

    year-over-year growth in AI-related U.S. lawsuits filed (Testudo AI Risk Engine case-law tracker, May 2026)

    ISO AI exclusions (General Liability endorsements CG 40 47 and CG 40 48, effective January 1, 2026, plus a parallel products and completed operations form CG 35 08) have been filed, and similar carve-outs are spreading into E&O and Professional Lines. As the claims land, more carriers will exclude this exposure.

  4. 04

    Get appointed. Distribute AI insurance.

    Get appointed

    Standard producer agreement, no volume minimums, onboarded in 3-5 days. Your first submission can be the same week.

    Book a webinar

    Live session where we walk your team through AI exposure, coverage, and how to sell AI insurance. Virtual or in-person.

Third-Party Generative AI Liability Cover

What does the policy cover?

Five insuring agreements purpose-built for generative AI deployer exposure.

Our policy responds when the outputs of the generative AI system the insured has deployed cause harm to third parties. Coverage triggers and definitions are written for how generative systems actually fail in production, not bolted onto a tech E&O form.

Generative AI Errors

aka AI hallucination

Financial loss suffered by a third party arising from a hallucination or other negligent error or misstatement caused by a generative AI output. For example, the hotel chain's chatbot that quotes a rate the brand can't honor.

IP Infringement and Personal Injury

Infringement of copyright, trademark, libel, and slander arising from a generative AI output. For example, the retail commerce chain whose AI-generated campaign reproduces a competitor's trademarked design.

Unauthorized Data Disclosure

Liability arising from the unauthorized disclosure of Protected Information through a generative AI output. For example, the hospital's chatbot that reveals one patient's medical records to another.

Bodily Injury

Bodily injury to a third party who relied on a generative AI output. For example, the athlete advised to undertake overexerting physical activity by his school's AI sports assistant.

Property Damage

Physical damage to third-party property caused by action taken on a generative AI output. For example, the surrounding property damaged by a construction site's AI-generated installation procedure.

Additional Coverage Areas

Coming soon

Limits & pricing
$2MDefault per insuring agreement
$10MAggregate across all five
$1M-$10M+Limit range
  • Our claims-made coverage is distributed on an excess-and-surplus-lines basis.
  • Lloyd's provides A+ (Superior) A.M. Best-rated capacity.
  • Higher limits available case-by-case for qualified risks.
  • Pricing runs on our own risk models, rated to the insured's scheduled systems and exposure.
  • Governing law is New York.
  • Read more on generative AI insurance, and how the Generative AI Errors agreement responds when a deployed AI produces a false or misleading output.

WHO'S IT FOR?

Our target customers.

Any organization that has deployed generative AI in its operations.

Your deployer clients sit at the end of the AI value chain. They don't build the models. They operate them. That's where the exposure sits.

Developers

The developer creates the foundational model, such as GPT-5 or other large language models. They own the core training, architecture, and base functionality. Examples include OpenAI, Anthropic, Google, xAI, Cohere, and Mistral.

Vendors

The vendor customizes or modifies the foundational AI model to create a specific generative AI system or application (e.g., a chatbot) and sells it to deployers. Examples include Cursor, Harvey AI, Bland.AI, and Microsoft Co-Pilot.

Deployers

The deployer embeds a developer's or vendor's AI system into its operations as customer chatbots, internal copilots, and workflow automation. Our target customers: any commercial company running generative AI in production, from manufacturers and retailers to healthcare and professional services.

Conversation starters

Surface the exposure on the next renewal call.

Most deployers won’t raise their AI use as an insurance peril, but they will raise it as a risk-mitigating investment. You’ll be the one advising whether that deployment is material to their liability risk. Three questions surface it on the renewal agenda; a yes on any two is enough to submit.

  1. 01

    Are you currently using any generative AI, and if so, for what specific functions?

    Generative AI systems include chatbots, support copilots, and virtual assistants.

  2. 02

    How much visibility do your risk team and legal have into the specific Gen AI tools your business units are running today?

    Ungoverned AI is where exposure compounds. When business lines deploy without risk-team visibility, the liability still lands on the insured.

  3. 03

    Have you confirmed with your current carriers that AI-related losses are still covered on your E&O, Cyber, and CGL placements this renewal?

    Generative AI risk sits in a gap between incumbent forms. E&O, Cyber, and CGL weren't scoped for it, and carriers are now excluding it at renewal.

APPETITE

What we have appetite for.

The generative AI use cases and industries we lean into.

The lists below aren't exhaustive. They set expectations. If a client's use case or industry isn't listed, bring it to us and we'll handle it case-by-case.

In appetite

Use cases

We have the appetite to review generative AI deployed across these use cases:

  • Chatbots (customer support and success, companion chatbots)
  • Inbound/outbound calling
  • Embedded AI in product or safety features
  • Virtual meeting transcription
  • Pharmaceutical discovery
  • Creative output in advertising, design, and entertainment
  • Advertising and marketing content generation
  • Sales, CRM, and client acquisition
  • Procurement & vendor management
  • Personal and team efficiency (virtual executive assistants)
  • Data science and analytics
  • Internal compliance
  • Cyber security and threat detection (inc. fraud)
  • Supply chain

Industries

We have the appetite to review Gen AI deployed in these industries:

  • Accommodation and Food Services
  • Administrative and Support Services
  • Arts, Entertainment, and Recreation
  • Construction
  • Educational Services
  • Finance and Insurance
  • Health Care and Social Assistance
  • Information
  • Manufacturing
  • Mining, Quarrying, Oil and Gas
  • Professional, Scientific, Technical Services
  • Real Estate, Rental and Leasing
  • Retail Trade
  • Transportation and Warehousing
  • Utilities
  • Wholesale Trade

Claims Examples

A scenario for your book.

Reach out and we will share claims scenarios across industry verticals most relevant to you, based on real-world data, litigation, and incidents.

ScenarioTAI-S-2025-047
Hypothetical
Industry
Auto Finance
Failure
APR hallucination
Filed
08 Feb 2025
Coverage
01Generative AI Errors
████████████████████████████████
████████████████████████
████████████████████████████
Request full scenario
ScenarioTAI-S-2025-073
Hypothetical
Industry
Habitational
Failure
Bodily injury
Filed
18 Aug 2025
Coverage
04Bodily Injury
████████████████████████████████
████████████████████████
████████████████████████████
Request full scenario
ScenarioTAI-S-2025-065
Hypothetical
Industry
Manufacturing
Failure
Trademark infringement
Filed
03 Jul 2025
Coverage
02IP Infringement and Personal Injury
████████████████████████████████
████████████████████████
████████████████████████████
Request full scenario
ScenarioTAI-S-2025-091
Hypothetical
Industry
Construction
Failure
Property damage
Filed
22 Sep 2025
Coverage
05Property Damage
████████████████████████████████
████████████████████████
████████████████████████████
Request full scenario
ScenarioTAI-S-2025-118
Hypothetical
Industry
Hospitality
Failure
Guest data leak
Filed
14 Nov 2025
Coverage
03Unauthorized Data Disclosure
████████████████████████████████
████████████████████████
████████████████████████████
Request full scenario

HOW IT WORKS

How does the policy work?

Generative AI Deployed

The insured uses a generative AI tool such as a website chatbot.

Harmful Output

The generative AI tool produces an output that causes harm to a third party.

Claim Filed

The third party who was harmed sends a written demand or files a suit.

Insurance Responds

Testudo's policy responds to cover defense costs and settlements up to the policy limit for covered claims.

Submitting a risk
2.5Pages

A concise, broker-friendly intake covering the deployer's profile and the Gen AI systems in scope.

< 3 minTime to complete

High-level questions designed to be answered alongside the client in a single discovery call.

0Audits, tests or evals

No security audits, penetration tests, or AI evals. The application form is typically enough to price the risk, so there's nothing for your client's security team to clear before we quote.

Portfolio Review

We'll walk through your book with you, one account at a time, to map where AI exposure lives and where there's opportunity for cover.

You share a list of the named insureds in your book. We handle the classification, exposure grading, and appetite review. Most books come back within two business days of the list landing with our underwriting team.

Portfolio_Analysis · Sample broker book
A
B
C
D
E
1
Account
Gen AI use case
Exposure
Engage?
UW notes
2
Harbor Supply Co.Industrial Distribution
Customer support chatbot
Material
Yes
GAI Errors
3
Meridian Retail GroupRetail Trade
Marketing copy generation
Moderate
Yes
IP / PI
4
Bayline Health SystemHealthcare
Patient scheduling agent
Material
Yes
Unauth. Data
5
Crestwood LogisticsTransportation
Dispatch copilot
Low
Watch
Under review
6
Quadrant Consumer FinanceFinance & Insurance
Automated loan underwriting
Material
No
Out of appetite
5 of 23 accounts shown. Request a portfolio review for the full book.

BROKER EDUCATION

Book a webinar with our team.

We'll fly out or jump on video to educate your producers on AI exposure, and how to sell AI insurance with confidence.

  • VirtualZoom, Teams, Meet
  • In-personWe'll come to you

Gap Analysis

Existing policies leave material gaps.

Commercial General Liability, E&O, and Cyber can provide indirect coverage for some Gen AI risks, but none offers comprehensive protection. A purpose-built Generative AI Third-Party Liability policy is designed to fill the gap.

In response to damages from Gen AI outputs

Does the policy respond to third-party financial damages?

  • CGLNo

    CGL does not cover pure economic loss.

  • E&OYes

    Unless Gen AI exclusions are used.

  • CyberNo

    Even if arising from a covered cyber event.

  • Testudo Gen AI TPLYes

    Under the Generative AI Errors insuring agreement.

In response to damages from Gen AI outputs

Does the policy respond to third-party bodily injury?

  • CGLYes

    Unless Gen AI exclusions are used.

  • E&ONo

    E&O typically excludes bodily injury.

  • CyberNo

    Cyber typically excludes bodily injury.

  • Testudo Gen AI TPLYes

    Under the Bodily Injury insuring agreement.

In response to damages from Gen AI outputs

Does the policy respond to third-party property damage?

  • CGLYes

    Unless Gen AI exclusions are used.

  • E&ONo

    E&O typically excludes property damage.

  • CyberNo

    Cyber typically excludes property damage.

  • Testudo Gen AI TPLYes

    Under the Property Damage insuring agreement.

In response to damages from Gen AI outputs

Does the policy respond to third-party damages arising from unauthorized data disclosure?

  • CGLNo

    CGL often has an access or disclosure exclusion.

  • E&ONo

    E&O typically would not respond.

  • CyberPartially

    Potentially, depending on the wording.

  • Testudo Gen AI TPLYes

    Under the Unauthorized Data Disclosure insuring agreement.

In response to damages from Gen AI outputs

Does the policy respond to personal injury?

  • CGLPartially

    To certain personal and advertising injury claims.

  • E&OPartially

    To a narrow definition of personal injury.

  • CyberPartially

    If personal injury is covered under 'media liability'.

  • Testudo Gen AI TPLYes

    Under the IP Infringement and Personal Injury insuring agreement.

In response to damages from Gen AI outputs

Does the policy respond to inadvertent IP infringement?

  • CGLPartially

    To a narrow advertising-related IP infringement.

  • E&ONo

    E&O excludes IP infringement.

  • CyberPartially

    IP infringement is narrowly defined under 'media liability'.

  • Testudo Gen AI TPLYes

    Under the IP Infringement and Personal Injury insuring agreement.

COMMON QUESTIONS

Frequently asked questions.

  • Scheduling specific systems gives the client certainty of coverage. Blanket policies often lead to coverage disputes.

    The schedule also protects the client from shadow AI, where employees use unsanctioned AI tools without IT approval. We write coverage for the AI systems the client has reviewed and approved. Anything outside that list we don't price, because we don't know it exists. A schedule keeps coverage and premium aligned to what's actually deployed.

    We are happy to add new Gen AI systems to the schedule on request, subject to an underwriting review.

  • Testudo writes US risks today because the US is where the claims environment is most developed. That includes ISO CGL exclusions from January 2026, the Moffatt v. Air Canada precedent, and the bulk of early-stage litigation in federal and state courts.

    Our underwriting data (claims development, deployment patterns, model performance) is mainly US-sourced. We expect to expand internationally as non-US markets reach the same claims maturity.

    For a global client operating worldwide with a US HQ, or any other bespoke risk, please reach out to the team on a case-by-case basis.

  • Commercial companies from mid-market through large enterprise. You can pitch this across most of your book, including manufacturers, retailers, professional services, banks, and healthcare organizations. If a client is using generative AI internally, in a customer-facing, or decision-making workflow, they are in the target market.

    We supply risk reports to the broker to help start the conversation. They come industry-specific, or company-specific for a named policyholder.

  • Yes. AI hallucinations are covered under the Generative AI Errors insuring agreement, which responds when a generative AI system the insured has deployed produces a false or misleading output and a third party suffers financial loss relying on it.

    "AI hallucination" is the common name for this failure mode. On the Testudo form it is one of five insuring agreements, alongside IP Infringement and Personal Injury, Unauthorized Data Disclosure, Bodily Injury, and Property Damage.

  • Cyber insurance may include a narrow section covering media liability. Testudo's IP Infringement and Personal Injury agreement responds to copyright, trademark, libel, and slander from a generative AI output in one trigger. Cyber wordings vary widely, and in our view that coverage is rarely sufficient for an AI-deployer policyholder, because cyber forms were written for network and data-breach events, not for Gen AI output liability.

    Where the client already has the coverage under another policy, we can write Testudo on a modular basis, dropping the agreements that duplicate what's already placed and pricing to what's left.

  • No. We exclude cyber-attacks.

    If the loss is caused by a cyber-attack, the cyber insurer pays, subject to the cyber contract. Cyber insurance policies generally respond to the defined 'Computer System.'

  • No. Testudo's Generative AI Third-Party Liability is a commercial-only product.

WAYS TO ENGAGE WITH TESTUDO

Pick your path.