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World desk5 min

Do AI Exclusions Apply to Designer Liability Insurance in 2026?

Some professional liability policies now contain AI-related exclusions, but there is no established market-wide prevalence figure. Coverage depends on the actual policy wording and claim facts.
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Yes—AI-related exclusions have appeared in some professional liability policies, but the available evidence does not show how common they are across designer policies. There is no universal answer to whether a claim involving ChatGPT, Midjourney, or another AI tool is covered: the policy, endorsements, definitions, and facts of the claim determine the result.

AI exclusions are documented, but their prevalence is not established

A 2025 review by Hunton Andrews Kurth LLP describes AI-specific exclusions introduced in several kinds of insurance policies. Its professional-liability examples differ in scope, and the review is a summary of policy developments—not a complete inventory or the full text of every endorsement. It does not establish what share of designer policies contain exclusions.

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Example in the legal review What the review says the exclusion covers What that does—and does not—establish
Hamilton Select In certain professional liability policies, claims arising from the insured’s actual or alleged use of generative AI. A policy-specific example; it does not mean every Hamilton Select policy, or every professional liability policy, has this wording.
Philadelphia Indemnity Specified offenses created using generative AI in the performance of work. The described scope is tied to specified offenses, not a blanket statement about all AI-related professional claims.
Berkley An “absolute AI” exclusion that the review says purports to broadly bar actual or alleged AI use or development by anyone. The phrase signals broad wording, but the endorsement’s actual text and the policy context matter to how it applies.

These examples are from Hunton Andrews Kurth LLP’s 2025 review of AI and insurance. They support the conclusion that exclusions are no longer hypothetical, not a claim that they are standard across the design profession.

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Check which insurance line the wording changes

“AI exclusion” can refer to changes in different policy lines. A general liability form does not automatically amend a firm’s errors and omissions (E&O) or professional liability coverage. Read the relevant policy and endorsement rather than inferring one policy’s terms from another.

  • Commercial general liability (CGL): PDI describes Verisk/ISO forms effective January 2026 as giving insurers the ability to exclude generative-AI losses from CGL. That is a development in CGL wording, not proof that an E&O policy contains the same exclusion.
  • E&O and professional liability: These policies address professional services and are directly relevant to design work, but their AI-related wording can differ by policy and endorsement.
  • Other lines: The legal review also discusses AI exclusions in other lines, including D&O. A firm should not assume a change in one line determines whether another responds.

PDI, an insurance brokerage, characterizes E&O as especially important for architects and engineers and describes movement in that market. Treat that as the broker’s assessment, not a measured estimate of how many designer policies have changed. Its design-professional overview of AI tools and E&O discusses the distinctions.

What determines whether a particular claim may be covered?

A carrier name or a broad market description cannot resolve coverage for an individual firm. The operative documents are the policy as issued and the terms in force for the relevant period, including declarations and endorsements. The facts also matter: what tool was used, by whom, for what task, and how the alleged harm connects to that use.

When reviewing wording, compare the policy on these points:

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  • AI definition: Does it define AI or generative AI, and does the definition include the tools or processes the firm uses?
  • Trigger and causal wording: Does the exclusion apply to claims “arising out of” AI use or to claims “in any way connected to” it? Broad causal language may reach further than an exclusion limited to a particular act or offense.
  • Who and what are in scope: Does the wording address the insured’s use, another person’s use, development of a tool, or specified work and offenses?
  • Carve-backs and human conduct: Does the policy preserve coverage for any independently negligent professional act, human review, or other stated circumstance?
  • Policy mechanics: Is the provision an exclusion, a sublimit, an affirmative grant, or silent or ambiguous? Check limits, claims-handling terms, and jurisdiction-specific wording as well.

These are questions for document review, not a substitute for a coverage determination. United Policyholders’ January 27, 2026 guidance on negotiating AI exclusions notes that broad lead-in language can prompt disputes and recommends seeking narrower language and targeted carve-backs where possible. An insurer is not required to accept a requested change.

How to prepare for renewal

Make the review concrete: document how the firm uses AI, identify the relevant exposures, and take specific questions about the proposed wording to the broker. Aon recommends cataloguing AI use and maintaining an AI risk register; its framework is general risk guidance, not a designer-specific coverage guarantee.

  1. Collect the documents. Assemble the current policy, declarations, endorsements, and renewal proposal. Review the actual wording at placement and renewal instead of relying on general marketing descriptions.
  2. Inventory AI use. Record which teams use which tools, for what work, and what human verification takes place. Include uses in design, drafting, visualization, research, and other professional tasks relevant to the firm.
  3. Map possible harms to policy lines. Identify the kinds of claims or losses the firm is concerned about and ask which policy line might respond. Do not assume one policy covers every AI-related harm.
  4. Ask about the proposed wording. Have the broker explain the AI definition, causal trigger, covered insureds and activities, and any carve-backs. Where appropriate, ask whether the exclusion can be removed or narrowed.
  5. Get specialist advice when needed. If a provision is consequential or ambiguous, consider consulting qualified coverage counsel. A broker’s explanation or a firm’s internal review is not a legal coverage ruling.

What Aon’s estimates can—and cannot—tell design firms

Aon’s 2026 fact sheet offers a broad view of AI-related insurance risk, but its figures are not statistics about architects’ or designers’ policies or claims. They should be used as context for asking about gaps, not as a prediction of how a specific claim will be handled.

Aon figure Scope and qualification
“250+ cases as of December 2025” Aon’s count of AI-related claims aggregated from multiple sources, as described in its 2026 fact sheet; not a universal count of all AI claims.
Approximately 15% addressable by standalone cyber insurance; approximately 80% by E&O/professional liability/media liability; approximately 20% by other lines Aon’s 2026 mapping estimates across its analysis. Categories may overlap and do not add to 100%; they are not designer-specific.
Approximately 58% for typical named-risk E&O versus 80% for customized all-risk E&O Aon’s estimate across its analysis of AI claims, not a comparison of designer policies or a guarantee of coverage for an individual claim.

The figures come from Aon’s 2026 AI insurance fact sheet. They describe Aon’s analysis and do not establish the prevalence of AI exclusions by carrier, state, or design-professional policy form.

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Affirmative AI coverage is not automatically a substitute

Insurers and brokers are also discussing affirmative AI products and coverage additions. Their development is a market signal, not evidence that a particular product is available to a design firm or directly replaces design professional E&O. Ask what policy line and losses a proposed product covers, how it coordinates with existing insurance, and what exclusions and limits apply.

Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.

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