What does Berkley PC 51380 exclude?
Answer
W.R. Berkley PC 51380 is an absolute AI exclusion for professional and management liability lines — Directors & Officers (D&O), Errors & Omissions (E&O), and Fiduciary. Where attached, it removes coverage for any claim "based upon, arising out of, or attributable to" AI use, covering owned, licensed, and third-party systems with no carve-back for incidental AI use.
Berkley PC 51380 is an absolute AI exclusion for professional and management liability (D&O, E&O, Fiduciary) that eliminates coverage for any claim based upon, arising out of, or attributable to AI use.
Sources checked
- W.R. Berkley (carrier site) last checked 2026-03-20
Scope
General business and insurance-risk analysis, not legal advice. It does not change directors', officers', or professionals' underlying duties; it changes whether the policy defends those claims. It affects professional and management liability — D&O, E&O, and Fiduciary — not general liability, and is an absolute exclusion with no carve-back for incidental AI use, using broad 'based upon, arising out of, or attributable to' AI language covering owned, licensed, and third-party systems. Filed in CO, CA, and NY and pending in IL and CT as of the last verified date; confirm specifics with your broker and the filed form.
Operational implication
For professional services firms, this form can reach board decisions and client deliverables where AI played a role. Because it is absolute, documenting how AI is and is not used in those areas matters more than for narrower forms.
Carrier Endorsement Details
W.R. Berkley — PC 51380
Absolute AI exclusion for D&O, E&O, and Fiduciary Liability — eliminates coverage for any claim "based upon, arising out of, or attributable to" AI use.
Key Provisions
Where this lands operationally
Gridex turns the compliance or coverage question into operated workflow controls: intake, review points, audit trails, and the places a person stays in the decision.
Discuss Broker Risk Intake
Map where AI enters your professional services workflows and governance decisions, and record the review points, so you can show how AI is controlled if a D&O or E&O exclusion is ever in question.
Discuss Broker Risk Intake →Related Questions
- Which insurance carriers have filed AI exclusions? Verisk (CG 40 47 for CGL), W.R. Berkley (PC 51380 for D&O/E&O), and Hamilton (sublimit for E&O/Cyber) are the three carriers with filed AI endorsements. Verisk's form is being adopted across multiple carrier groups.
- Are D&O and E&O policies affected by AI endorsements? Yes. Berkley PC 51380 specifically targets D&O, E&O, and Fiduciary liability policies with an absolute AI exclusion. Any claim arising from AI use, including board-level AI governance decisions, can be excluded.
- What is Verisk CG 40 47? Verisk CG 40 47 is a CGL policy endorsement that excludes coverage for bodily injury, property damage, or personal/advertising injury arising out of AI systems.
- What is the difference between AI exclusions and AI sublimits? AI exclusions (like Verisk CG 40 47) eliminate all coverage for AI claims. AI sublimits (like Hamilton's) cap coverage at a lower amount but still provide some protection, often with governance incentives.
- What AI documentation do insurers require? Insurers increasingly want documented AI governance programs, risk assessments, and usage inventories when underwriting technology-related policies. Hamilton's sublimit endorsement explicitly rewards governance documentation with higher coverage limits.