AI Liability Insurance
You're responsible for your AI. Your existing coverage may not be.
Many businesses still assume they're covered. But as generative AI lawsuits climb, insurers are responding by excluding generative AI risks from traditional coverage and denying related claims.
The Solution
Coverage for the ways generative AI creates liability.
As generative AI makes decisions, creates content, and powers critical work, it can also create new paths to liability. To protect your business, we provide liability coverage for the cost of lawsuits caused by your use of generative AI.
Hallucination liability
When hallucinations or incorrect outputs cause financial loss to a third party.
Intellectual property
When generative AI outputs infringe on intellectual property rights.
Physical injury
When your use of generative AI physically injures a person or property.
Privacy
When generative AI outputs reveal protected data about a person without their permission.
AI regulatory violation
When a regulator takes action alleging your AI deployment violated an AI regulation or law.
What an AI liability claim looks like.
Hypothetical claim scenarios across Testudo's six insuring agreements.
- Enterprise support
Support chatbots for enterprise companies in telecoms, SaaS, and fintech provide clients incorrect onboarding or integration steps, leading to client downtime and lost revenue.
Generative AI errors - Retail
A chatbot fabricates a sexual misconduct case against the CEO of a supermarket.
IP & personal injury - Healthcare
Wellness AI gives unsafe recovery guidance, allegedly causing physical injury.
Bodily injury - SaaS
A helpdesk AI provides a customer with incorrect steps for subscription cancellation and the customer gets charged for another year.
Generative AI errors - Marketing
AI writes a marketing campaign using a tagline that turns out to be a competitor's registered trademark, triggering a legal complaint.
IP & personal injury - E-commerce
A retail chatbot reveals another customer's order history, bank details, and address.
Unauthorized data disclosure - Financial services
An AI vendor-risk summary falsely flags a supplier as being on a sanctions list.
IP & personal injury - Real estate
An AI assistant tells a building manager to set the HVAC to the wrong temperature, freezing and bursting the pipes in a tenant's unit.
Property damage - Telecoms
A state regulator opens an investigation alleging a company's AI-powered customer service chatbot violated the state's AI transparency and fairness requirements.
AI Regulatory Violation
Scenarios are hypothetical and shown for illustration. Coverage determinations depend on the specific policy wording and claim facts.
Wondering if you're covered for claims like these?
Coverage at a Glance
Where your existing policies leave you exposed.
We've mapped common AI liability exposures against the policies most businesses already purchase to highlight the coverage gaps.
| Claim Scenario | General Liability | Tech E&O | Cyber Insurance | Built for AITestudo |
|---|---|---|---|---|
| Claim ScenarioYour AI gives a wrong answer that causes a third party financial loss. | General LiabilityNoCGL does not cover pure economic loss. | Tech E&OYesUnless a gen AI exclusion is applied. | Cyber InsuranceNoEven if arising from a covered cyber event. | TestudoCoveredGenerative AI Errors |
| Claim ScenarioYour AI's output infringes a copyright or trademark, or harms a reputation. | General LiabilityLimitedTo narrow advertising-related IP infringement. | Tech E&ONoE&O excludes IP infringement. | Cyber InsuranceLimitedNarrowly defined under 'media liability'. | TestudoCoveredIP Infringement and Personal Injury |
| Claim ScenarioYour AI exposes private information about someone without their permission. | General LiabilityNoCGL often has an access or disclosure exclusion. | Tech E&ONoE&O typically would not respond. | Cyber InsuranceLimitedPotentially, depending on the wording. | TestudoCoveredUnauthorized Data Disclosure |
| Claim ScenarioYour use of AI physically injures a person. | General LiabilityYesUnless a gen AI exclusion is applied. | Tech E&ONoE&O typically excludes bodily injury. | Cyber InsuranceNoCyber typically excludes bodily injury. | TestudoCoveredBodily Injury |
| Claim ScenarioYour use of AI damages physical property. | General LiabilityYesUnless a gen AI exclusion is applied. | Tech E&ONoE&O typically excludes property damage. | Cyber InsuranceNoCyber typically excludes property damage. | TestudoCoveredProperty Damage |
| Claim ScenarioA regulator brings an action alleging your AI violates an AI regulation or law. | General LiabilityNoGovernmental/regulatory actions excluded. | Tech E&ONoTraditional coverage does not include AI regulatory violations. | Cyber InsuranceNoTraditional coverage does not include AI regulatory violations. | TestudoCoveredAI Regulatory Violation |
How To Apply For Coverage
Covered in days, not weeks.
Applying for coverage is fast, and we accept applications through the brokers you already work with. Our underwriting process is simple, and we never need to integrate invasively with your AI systems. No lengthy audits or penetration tests are required to apply for coverage.
That is deliberate. In Grant Thornton’s 2026 AI Impact Survey of nearly 1,000 senior U.S. business leaders, 78% said they lacked full confidence that their organization could pass an independent AI governance audit within 90 days. We price your risk from the litigation record rather than from a control questionnaire you would have to pass first. The application still asks you to identify the systems you want scheduled, and the policy responds to what is scheduled.
Further reading: ISO’s generative AI exclusions, a form-by-form analysis by Testudo’s General Counsel of what CG 40 47, CG 40 48, and CG 35 08 each remove from a Commercial General Liability policy.
COMMON QUESTIONS
Frequently asked questions.
It is a standalone, claims-made third-party liability policy with six insuring agreements: Generative AI Errors, IP Infringement and Personal Injury, Unauthorized Data Disclosure, Bodily Injury, Property Damage, and AI Regulatory Violation.
It covers defense costs and settlements up to the policy limit arising from lawsuits when the insured's generative AI deployment causes harm to a third party resulting in litigation.
Any U.S. company deploying generative AI in its products or operations that could face litigation if the technology they have deployed causes harm to a third party. Exclusions in commercial general liability and errors and omissions insurance policies are leaving companies exposed to self insuring generative AI liability risk.
When generative AI causes harm to a third party (an incorrect output, IP infringement, unauthorized data disclosure, or physical injury), liability typically attaches to the enterprise that deployed the system.
Generative AI liability insurance protects the company that deployed the generative AI system. It responds to the defense costs and settlements arising from the outputs or deployment of the generative AI systems scheduled on the policy.
Coverage is distributed on an excess and surplus lines basis in the United States, subject to underwriting and not available in all states.
A commercial general liability (CGL) policy will respond to bodily injury, property damage, and personal and advertising injury caused by generative AI, unless a generative AI exclusion has been attached to it. Insurers can attach the Verisk endorsements CG 40 47, CG 40 48, or CG 35 08, which remove that cover. Where one is on the policy, standalone generative AI liability insurance fills the gap.
Cyber insurance generally covers data breaches, network security failures, and privacy events, not third-party harm from what a generative AI system produces. Claims like defamation, IP infringement, or faulty AI-generated advice typically fall outside cyber policies, and outside CGL where AI exclusions apply, leaving a gap that standalone generative AI liability insurance addresses.