Answer
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.
Carrier Endorsement Details
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
Industry Context
HR & Recruiting Firms
Staffing agencies, recruiting firms, and HR technology providers that use AI for candidate sourcing, resume screening, interview analysis, and employment decision support. These firms face heightened regulatory scrutiny because AI in hiring directly affects individuals' economic opportunities.
Typical Compliance Gaps
No bias audit or disparate impact testing of hiring AI tools
No applicant notification that AI is used in screening or scoring
Lack of documentation linking AI outputs to adverse employment decisions
Unaware of AI exclusion endorsements in EPL or E&O policies
Discuss a Governed Hiring Workflow
Use this research to identify the workflow, review points, and operating controls that would matter in your organization.
Discuss a Governed Hiring Workflow → 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.
- Can I use AI for hiring in Illinois? Yes, but two distinct Illinois laws apply. HB-3773 (effective January 1, 2026) amended the Illinois Human Rights Act to prohibit employers from using AI that discriminates against protected classes or uses zip codes as a proxy, and it requires notice to employees that AI is being used in employment decisions (recruitment, hiring, promotion, discipline, tenure, or terms and conditions). Separately, the Illinois Artificial Intelligence Video Interview Act (PA 101-0260, 820 ILCS 42), in effect since 2020, applies specifically when AI analyzes applicant video interviews: employers must notify the applicant, explain how the AI works, obtain written consent, limit video sharing to necessary evaluators, delete videos within 30 days of an applicant's request, and — per the 2022 amendment (PA 102-47) — report applicant racial/ethnicity data annually to DCEO. If AI hiring tools also capture biometric identifiers (e.g., facial geometry from video), the separate Illinois Biometric Information Privacy Act (BIPA) creates additional consent and liability obligations. Illinois employers using AI for any form of employment decision should map their process against all three regimes.
Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. AI regulations and insurance policy terms change frequently. Consult with a qualified attorney or insurance professional for advice specific to your situation. Gridex makes no warranties regarding the accuracy or completeness of this information.