AI compliance answer
Direct 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.
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.
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.
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.