Are D&O and E&O policies affected by AI endorsements?

Last verified: March 24, 2026

Answer

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.

Carrier Endorsement Details

PC-51380

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

Absolute exclusion — no coverage for any AI-related claim
Applies to claims 'based upon, arising out of, or attributable to' AI
Covers owned, licensed, and third-party AI systems
No carve-back for incidental AI use
Type: exclusion Policies: D&O, E&O, Fiduciary

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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.
  • 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.