What it does
The broadest exclusion on the tracker. Removes claims involving any actual or alleged use, deployment or development of artificial intelligence, and lists what that includes: content generated by AI, failure to detect AI-created material, inadequate AI policies, breaches of AI-related duties, products or services incorporating AI, chatbot representations, statements and disclosures about AI use, violations of laws regulating AI, and demands to investigate AI-related risks. For an AI company, an absolute exclusion on a D&O or E&O form can reach the core of the business, including what the company says about its own product to investors. It is the form to question before accepting: ask for a narrower version or a buy-back.
Where it applies
Described as in use on the filer's D&O, E&O and fiduciary products (Hunton Andrews Kurth, 2025-05-28). A separate Berkley filing for private-company management liability and crime forms with a generative AI exclusion was approved in Connecticut (beinsure, 2026-02-01).
Source
Hunton Andrews Kurth, "The Continued Proliferation of AI Exclusions", Fehling, Levine and Pappas, 2025-05-28. Last checked 2026-09-12. If the source has changed or you hold a copy of the form, write to us and we will correct the row.
Cite this row: Risklytics, “Absolute AI exclusion”, AI exclusions tracker, https://www.risklytics.ai/ai-exclusions/berkley-absolute-ai-exclusion/, reviewed 2026-09-12; tracker revised 2026-09-12.