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AI exclusions are already appearing in some professional liability policies, including policies relevant to design work—but the available evidence does not show how common they are across designer policies. Whether an AI-assisted design claim is covered depends on the wording of the specific policy and its endorsements, not on a general market trend or the tool used.
What the documented exclusions say—and what they do not prove
Hunton Andrews Kurth LLP’s 2025 review identifies several insurer examples. The exclusions it summarizes differ in scope; they are not evidence that every designer’s errors and omissions (E&O) policy excludes AI-related claims. The review summarizes policy developments rather than reproducing every endorsement, so the actual contract wording remains essential.
| Example | Policy line or scope described | What the cited source says |
|---|---|---|
| Hamilton Select | Certain professional liability policies | The exclusion removes coverage for claims arising from the insured’s actual or alleged use of generative AI. |
| Philadelphia Indemnity | Specified offenses | The exclusion applies to specified offenses created using generative AI in the performance of work. |
| Berkley | Described as an “absolute AI” exclusion | Hunton characterizes it as purporting to broadly bar claims connected with anyone’s actual or alleged use or development of AI. |
These descriptions are Hunton’s summaries, not a complete carrier inventory or a substitute for reading the applicable endorsement. See Hunton Andrews Kurth LLP’s 2025 review.
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Insurance line matters. Verisk/ISO forms discussed by Professional Design Insurance Management Corporation (PDI) concern commercial general liability (CGL). PDI says forms effective January 2026 give insurers the ability to exclude generative-AI losses from CGL. That does not mean a CGL endorsement automatically changes a separate E&O or professional liability policy. Those policies have their own terms and endorsements.
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PDI also describes AI exclusion wording entering D&O, E&O, and professional liability. It calls E&O the critical line for architects and engineers and characterizes movement in that area as aggressive. That is a brokerage’s assessment of market activity, not a measured estimate of how many design firms have exclusions. The available sources do not establish prevalence by carrier, state, or policy form. See PDI’s discussion for design professionals.
Why a particular AI-assisted claim cannot be answered from the tool name
Using ChatGPT, Midjourney, or another AI tool does not by itself determine whether a claim is covered. Relevant wording may turn on the insurance line, the definition of AI, who used or developed it, the work performed, the alleged harm, and how closely the claim must be connected to AI use to trigger an exclusion. A policy may contain an exclusion, a sublimit, an affirmative coverage provision, or wording that is silent or ambiguous. Limits, claims-handling terms, and jurisdiction can also matter.
Do not infer coverage from a carrier’s general marketing description or from another firm’s policy. Review the declarations, the full policy, all endorsements, and renewal documents together. If wording is unclear or consequential, a broker or qualified coverage counsel can assess it in context; a general article cannot determine whether a particular claim will be covered.
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How to review AI wording before renewal
United Policyholders’ January 27, 2026 guidance warns that broad phrases such as “arising out of” or “in any way connected to” can lead to disputes over how far an AI exclusion reaches. It recommends seeking removal where possible or, if the insurer will not remove it, negotiating clearer definitions, narrower causal wording, and targeted carve-backs. An insurer is not required to accept those requests.
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- Collect the complete documents. Gather the current policy, declarations, endorsements, and proposed renewal terms. Check the policy line on each document rather than assuming language for CGL, D&O, and E&O is interchangeable.
- Make an AI-use inventory. Record which teams use AI tools, which tools they use, what work they perform with them, and what human verification takes place. Aon recommends cataloguing AI use and keeping an AI risk register.
- Map possible harms to coverage. Consider which policy lines may respond to different kinds of loss, then identify apparent gaps. Do not assume one policy covers every claim involving AI.
- Ask specific questions about proposed wording. Ask how the endorsement defines AI; whose use, development, or conduct is covered; what causal connection triggers the exclusion; and whether carve-backs address independently negligent human work or review.
- Escalate uncertain language. Ask the broker to explain the wording and consider qualified coverage counsel when the consequences or ambiguity warrant it. United Policyholders’ renewal guidance discusses negotiation points.
What broader AI-claims estimates can—and cannot—tell design firms
Aon’s 2026 fact sheet reports that it aggregated data describing more than 250 AI-related cases as of December 2025. Its estimates suggest that approximately 15% of current AI claims can be addressed by standalone cyber insurance, approximately 80% by E&O, professional liability, or media liability, and approximately 20% by other insurance lines. These categories can overlap, so the figures do not add to 100%; they are Aon’s mapping estimates, not statistics specific to designers.
Aon also estimates that typical named-risk E&O policies cover approximately 58% of AI claims, compared with 80% addressed by customized all-risk E&O. Those figures describe Aon’s analysis, not a guarantee of coverage or a design-industry result. They do not establish how often designer policies contain AI exclusions. See Aon’s 2026 AI risk fact sheet.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Are affirmative AI insurance products a solution?
Affirmative AI products and coverage additions are developing, but the available sources do not establish that they directly replace design professional E&O or guarantee coverage for AI-assisted design work. Treat them as options to examine with a broker, not as an automatic fix for an exclusion or gap in an existing policy.
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