Are D&O and E&O policies affected by AI endorsements?
Answer
Yes. W.R. Berkley PC 51380 specifically targets Directors & Officers (D&O), Errors & Omissions (E&O), and Fiduciary liability with an absolute AI exclusion. Where attached, claims arising out of AI use — including board-level AI governance decisions and AI-assisted professional work — can fall outside coverage. Whether a particular claim is excluded depends on the policy wording and facts.
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.
Sources checked
- W.R. Berkley (carrier site) last checked 2026-03-20
Scope
General business and insurance-risk analysis, not legal advice. D&O and E&O liability for AI-related decisions exists regardless; the endorsement governs the insurer's response and directly affects professional and management liability lines. Where PC 51380 is attached, an absolute AI exclusion applies, using broad 'arising out of / attributable to' AI wording with no carve-back for incidental use. Berkley's form is filed in several states and pending in others as of the last verified date; confirm specifics with your broker and the filed form.
Operational implication
Boards and professional teams making AI-influenced decisions may carry that exposure with a reduced backstop. Clear documentation of how AI informs decisions helps separate governed use from uncontrolled use.
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
Document where AI feeds into governance and professional deliverables, including the human review points, so the organization can demonstrate controlled AI use to insurers and boards.
Discuss Broker Risk Intake →Related Questions
- What does Berkley PC 51380 exclude? 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.
- How do AI endorsements affect EPL policies? Berkley PC 51380 can attach to EPL policies, excluding claims where AI contributed to employment decisions. This is critical for companies using AI in hiring, performance reviews, or termination decisions.