AI compliance answer

What does Berkley PC 51380 exclude?

Freshness
Last verified: March 24, 2026
Coverage
Insurance and carrier analysis
Jurisdictions
General guidance
Referenced records
1

Direct 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

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

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