Pennsylvania Opens Surplus Lines for AI Liability Insurance
Peter Wedge FCIIPublished August 3rd, 2026
Pennsylvania Adds Generative AI Insurance to Export List.
We are pleased to see that, with effect from 1 August 2026, the Pennsylvania Insurance Department has added insurance for developers and users of generative artificial intelligence to its Export List. This is an important milestone for the AI insurance market.
Why did Pennsylvania add generative AI to its Export List?
By adding these coverages to the Export List, the Pennsylvania Insurance Department has recognised that specialist AI insurance is not yet generally available in the admitted market and that these risks are appropriately placed through the surplus lines market.
This reflects the rapid growth in demand for specialist AI liability insurance as businesses increasingly develop, and deploy artificial intelligence, and AI-related litigation ramps up. Recognition of AI as a distinct class of business is another clear indication that the insurance market is evolving to meet this emerging risk.
What does the Export List mean for brokers in Pennsylvania?
For brokers in Pennsylvania, this should make it easier to place AI liability insurance where admitted market capacity is unavailable.
We believe this will help improve access to specialist cover for organisations developing, deploying and using AI, while giving brokers greater confidence that appropriate solutions are available for their clients. At Testudo, we have already been onboarded with many excellent brokers and are actively supporting them as the market continues to develop.
How can Pennsylvania brokers access AI liability insurance from Testudo?
We welcome enquiries from brokers across Pennsylvania who are looking to discuss AI liability solutions for their clients. We currently focus on organisations deploying AI in their business, but hope to expand our product range over time.
AI liability is a rapidly evolving area, and our focus remains on providing specialist expertise based on our unique data, practical support and innovative insurance solutions to meet this growing demand. We are leading the way in this fast-paced AI space.
About the author
Peter Wedge FCII
General Counsel
General Counsel with 40+ years of insurance experience across specialist wordings, claims management and contract counsel. Previously Director of Cyber Wordings at Gallagher Re in addition to chairing the Cyber Insurance Association and the Reinsurance Wordings Expert Forum and holding committee positions across BIBA, the IUA, AIDA Europe, and the Insurance Institute of London.