AI exclusions are already appearing in some professional liability policies relevant to design work, but available evidence does not show how common they are across designer policies. Whether a particular firm’s policy covers a claim involving AI depends on its actual wording, endorsements and facts—not on a general market trend or the carrier’s name alone.
What has changed for design professionals?
Insurers introduced AI-specific exclusions in some policies during 2025, according to Hunton Andrews Kurth LLP’s 2025 review. The examples it describes differ in scope: some address particular claims or uses, while another is framed broadly. They show that AI-related wording is no longer hypothetical; they do not establish that all, or even most, architects’ and designers’ errors and omissions (E&O) policies exclude AI-related claims.
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There is no representative prevalence figure in the available sources, nor a breakdown by carrier, state or policy form. PDI, an insurance brokerage serving design professionals, says changes are affecting design-sector E&O and discusses Verisk/ISO forms effective January 2026. Its page is useful context, but its characterization of market movement is not a measured estimate of how many policies contain exclusions. PDI’s discussion also distinguishes commercial general liability (CGL) forms from E&O and professional liability wording.
Examples of AI wording—and why the policy line matters
Hunton’s account summarizes carrier-specific developments; it is not the full text of each endorsement. The examples should be read as illustrations of different approaches, not as a ranking or a complete list of insurers.
#1 Best Overall
| Example in Hunton’s 2025 review | Policy line or scope described | What the example does—and does not—show |
|---|---|---|
| Hamilton Select | Certain professional liability policies; the exclusion removes cover for claims arising from actual or alleged generative AI use by the insured. | Shows an exclusion tied to generative AI use by the insured in certain policies. It does not establish that every professional liability policy from the carrier has the same wording. |
| Philadelphia Indemnity | Specified offenses created using generative AI in performance. | Describes a narrower, offense-focused scope in the review, not a blanket exclusion from all professional liability coverage. |
| Berkley | An “absolute AI” exclusion described as broadly barring actual or alleged use or development of AI by anyone. | Illustrates broad language as summarized by Hunton. The actual endorsement and its application to a claim must be reviewed. |
| Verisk/ISO forms discussed by PDI | CGL, with forms effective January 2026 described as giving carriers the ability to exclude generative-AI losses. | A CGL form does not automatically amend a firm’s separate E&O or professional liability policy. Check each policy line and endorsement independently. |
Hunton also notes AI exclusions in other lines, including CGL, D&O and Lloyd’s-related developments. These are not interchangeable with design professional E&O. A policy’s line, definitions, insuring agreement and endorsements determine what it addresses.
Does E&O cover work made with ChatGPT, Midjourney or another AI tool?
There is no universal yes-or-no answer. AI use by itself does not settle whether a claim is covered. The relevant questions include what the policy covers, how it defines AI, what conduct or claim triggers an exclusion, and whether the alleged harm is connected to the tool in the way the wording requires. A claim about negligent design review, for example, cannot be assessed from a general description of an exclusion alone; the policy language and circumstances matter.
Read the declarations, base policy and every endorsement together. A marketing summary or a broker’s general description may not resolve a conflict or ambiguity in the issued contract. If a proposed exclusion uses broad language such as “arising out of” or “in any way connected to,” it may reach beyond direct output from a tool; its actual reach depends on the complete wording and applicable law. United Policyholders’ January 27, 2026 guidance flags this breadth as a reason for policyholders to seek clarification or negotiate narrower language.
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Map AI-related exposures across policies, not just E&O
An AI-related loss may involve different types of harm, so assuming one policy will respond to every claim can leave gaps. Aon’s 2026 fact sheet offers estimates across its analysis, not designer-specific claim statistics:
Rank #3
| Aon estimate | How to interpret it |
|---|---|
| Approximately 15% of current AI claims can be addressed by standalone cyber insurance. | Aon’s estimate across its analysis; it is not a prediction for an individual design firm. |
| Approximately 80% can be addressed by E&O, professional liability or media liability. | These policy categories are grouped in Aon’s estimate; it does not mean every E&O policy covers every AI claim. |
| Approximately 20% can be addressed by other insurance lines. | The categories can overlap, so the percentages do not add to 100%. |
| Typical named-risk E&O policies cover approximately 58% of AI claims, compared with 80% addressed by customized all-risk E&O. | Aon’s estimates across its analysis, not a comparison of designer policies or a guarantee of coverage under either policy type. |
Aon also says it aggregated data on 250+ AI-related cases as of December 2025 from multiple sources. That is a description of Aon’s dataset, not a universal count of all AI claims. Its estimates can help prompt a discussion about coverage mapping, but they cannot determine how a specific insurer would handle a design-related claim. Aon’s 2026 fact sheet recommends cataloguing AI use and maintaining an AI risk register.
What to review before renewing a designer E&O policy
- Collect the complete policy documents. Review the declarations, base policy, definitions, exclusions, endorsements and renewal documents—not just a quote or carrier overview.
- Inventory AI use. Record which teams use which tools, for what work, and what human review or verification takes place. Include internal workflows and client-facing deliverables.
- Map the exposures to policy lines. Consider which harms could involve E&O or professional liability, cyber, media liability, CGL or another line. Identify where wording is silent, limited or potentially conflicting rather than assuming one policy fills every gap.
- Ask the broker specific questions about any proposed endorsement. How does it define AI? Which insureds, tools, acts and claims fall within scope? What causal link triggers the exclusion? Does it contain carve-backs, including any treatment of independently negligent human review? How would it affect limits and claims handling?
- Negotiate where the wording is too broad. United Policyholders advises asking to remove an exclusion where possible, or seeking clearer definitions, narrower lead-in language and targeted carve-backs. An insurer is not required to accept requested changes.
- Seek qualified coverage counsel when needed. If an exclusion is consequential, unclear or disputed, a lawyer experienced in insurance coverage can review the policy and applicable jurisdiction. Neither a broker’s general explanation nor a professional’s review or stamp guarantees that an insurer will cover a claim.
Are affirmative AI coverage options a fix?
Affirmative AI products and additions to coverage are developing, but the cited sources do not establish that they are direct substitutes for design professional E&O. Evaluate any offered coverage by its actual grant, exclusions, limits, conditions and relationship to the firm’s existing policies. A new label or an AI-specific product description alone does not show that a particular design claim is covered.
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