W. R. Berkley and AI exclusions
W. R. Berkley uses an “absolute” AI exclusion in D&O, E&O and fiduciary policies, as described by coverage counsel in May 2025, and was reported in November 2025 to be seeking approval for AI exclusions.
Change history
- Chubb and Travelers reported among carriers filing AI exclusions
Insurance Business says Chubb, Travelers, W. R. Berkley, Berkshire Hathaway and AIG had each filed to adopt ISO's generative AI exclusions or their own versions by April 2026. It gives no states, filing numbers or edition dates.
Trade press. Source: Insurance Business - AI exclusion filings by AIG, Berkley and Great American reported approved
Beinsure reports that regulators approved the filings it reviewed: National Union (AIG) in Idaho and Illinois, Berkley Insurance in Connecticut and Great American in Washington. Illinois regulators asked what real-world scenario the exclusion targeted. No approval dates or form numbers are given.
Trade press. Source: Beinsure - Three insurers seek approval to exclude AI liabilities
The Financial Times reported that insurers asked US regulators to let them exclude AI-related liabilities from corporate policies. Beinsure's account names AIG, Great American and W. R. Berkley; TechCrunch's names Chubb in place of AIG. AIG says it has no current plans to use the exclusions.
Trade press. Source: Beinsure - Berkley 'absolute' AI exclusion described
Coverage counsel described a Berkley exclusion for D&O, E&O and fiduciary policies that removes claims tied to any use, deployment or development of AI. A 2026 trade-press account adds failures to flag third-party AI content and breaches of AI-related duties. No form number or filing date is public.
Trade press. Source: Hunton Andrews Kurth
Questions about W. R. Berkley
What is W. R. Berkley's position on AI risk?
W. R. Berkley uses an “absolute” AI exclusion in D&O, E&O and fiduciary policies, as described by coverage counsel in May 2025, and was reported in November 2025 to be seeking approval for AI exclusions. We record this as "Excludes AI".
Sources
- 1ISO's generative AI exclusion is already on thousands of CGL policies
Insurance Business, 16 Sep 2026 - 2US insurers add generative AI exclusions
Beinsure, 1 Feb 2026 - 3Insurers move to ring-fence AI liability
Beinsure, 2 Feb 2026 - 4AI is too risky to insure, say people whose job is insuring risk
TechCrunch, 23 Nov 2025 - 5The Continued Proliferation of AI Exclusions
Hunton Andrews Kurth, 28 May 2025 - 6Insurer Interest in AI Coverage Exclusions Growing as Risk Becomes Omnipresent
Insurance Journal, 17 Aug 2026
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