Generative AI Liability Insurance in the District of Columbia

D.C. Law 25-268 took effect March 7, 2025 and created a civil claim for intentional disclosure or threatened disclosure of a private intimate image without consent where the depicted individual is identifiable, suffers harm, and the defendant knew or recklessly disregarded key facts. The definitions are in § 7-2161, the civil claim in § 7-2162, and exceptions to liability in § 7-2163. The text does not expressly resolve every AI-generated depiction.

What Is Generative AI Liability Insurance?

Generative AI liability can help pay covered defense costs and losses when someone claims your AI use caused harm, including infringement or data disclosure. If you use or sell AI outputs, check how the policy fits your role and existing liability coverage. Read the national Generative AI liability guide.

What to Watch for With Generative AI Liability in District of Columbia

A private intimate-image disclosure can create a civil claim
The depicted person must be identifiable, suffer harm, and face an intentional disclosure or threat without consent; the defendant must know or recklessly disregard the lack of consent, privacy, or identity. The Act’s definition of harm includes emotional distress, and the law took effect March 7, 2025. ¹
The statute does not expressly define AI-generated images
D.C. defines a “depicted individual” as a human whose body is shown in whole or in part in an intimate image; the image must show specified uncovered body parts or sexual conduct. The law does not expressly resolve whether a wholly synthesized body or a synthetic face composited onto footage showing a person’s body meets those definitions. If your product creates or distributes composites, record the source content, depicted body, identification, and consent facts, then ask the broker to assess the actual allegations against the policy wording. ^3,¹
Lawful reporting and public-interest exceptions are scoped
The civil chapter has exceptions for good-faith, relevant disclosures to report unlawful activity, assist the depicted person, serve medical, scientific, or educational purposes, support legal proceedings, or serve the public interest. A person’s public-figure status alone does not make the image a matter of public interest. ²

Providers With District of Columbia License Records

No provider in our research has both a state license record and a listing for this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Who Regulates Insurance in District of Columbia?

District of Columbia Department of Insurance, Securities and Banking

DISB licenses and supervises insurance companies and producers, enforces District insurance laws, and provides consumer complaint assistance. Its licensing search covers insurance entities and representatives; consumers can contact the agency’s complaints unit for help. ^5,^6,⁸

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint
Phone: (202) 727-8000

Surplus-Lines Tax and Stamping Office in District of Columbia

Reported tax rate. Generally 2% of gross premium, including qualifying placement fees ^7,^9,^10,^11,⁴

When the District is the insured’s home state, surplus-lines agents and brokers generally owe a 2% tax on gross premium, including necessary fees incidental to placement when separately itemized. An agent or broker procuring insurance on behalf of the District government is exempt for that government business; claiming the exemption requires identifying its allocation in the required affidavit and does not waive other statutory duties. Ask the broker which taxes and fees your agreement passes through to you. DISB generally requires a diligent effort to place risks with authorized insurers. For a purchaser meeting the federal exempt-commercial-purchaser definition, the broker may skip that search only after disclosing that insurance may or may not be available from the admitted market, which may provide greater protection with more regulatory oversight, followed by the purchaser’s written request for nonadmitted placement. This record does not state a District-specific guaranty-fund conclusion.

Questions to Ask Before You Buy Generative AI Liability in District of Columbia

Can your product generate, receive, or distribute intimate images, and what human-review, consent, and removal steps govern that content?
Who controls creation, upload, storage, and onward disclosure, and which entity has actual knowledge or notice of nonconsent?
Ask the broker to identify whether the quote addresses privacy, publication, publicity, intentional-act, and statutory-damages allegations involving synthetic images, and show the relevant wording.

Generative AI Liability Insurance in District of Columbia: FAQ

Does D.C. Law 25-268 expressly say it covers AI-generated intimate images?

The statute defines a depicted individual as a human whose body is shown in whole or in part in an intimate image, which must show specified uncovered body parts or sexual conduct. It does not expressly resolve whether a wholly synthetic body or a synthetic face composited onto footage of a person’s body meets those definitions; application to a particular depiction remains unresolved. ^3,¹

Does public-figure status alone make a disclosure lawful in D.C.?

No. The civil-remedies chapter says a disclosure or threat is not a matter of public concern or interest solely because the depicted person is a public figure. Its separate exceptions require a reasonable, relevant, good-faith purpose. ²

Sources for Generative AI Liability Insurance in District of Columbia

1
D.C. Code § 7-2162: Civil Action for Unauthorized Disclosure of Intimate Images. D.C. Law Library; Added by D.C. Law 25-268 § 3; § 7-2162(a) defines harm and when an image is private; subsection (b) sets the civil-claim elements; effective Mar. 7, 2025. Accessed 2026-09-28.
2
D.C. Code § 7-2163: Exceptions to Liability. D.C. Law Library; Added by D.C. Law 25-268 § 4; civil-chapter exceptions require disclosure to be reasonable, relevant, and in good faith for the enumerated purposes; public-figure status alone does not establish public concern or interest; effective Mar. 7, 2025. Accessed 2026-09-28.
3
D.C. Code § 7-2161: Definitions. D.C. Law Library; D.C. Code § 7-2161(2), (4), (6)–(7), added by D.C. Law 25-268 § 2: depicted individual is a human whose body is shown in whole or part; identifiable test; intimate-image body-part and sexual-conduct definition; effective Mar. 7, 2025. Accessed 2026-09-28.
4
D.C. Code §31–2502.40: License to procure policies from unauthorized companies. Council of the District of Columbia; Subsection (a): broker/agent tax and diligent effort; (c)(1)–(3): District-government procurement tax exemption, allocation statement and continuing duties. Accessed 2026-09-28.
5
Department of Insurance, Securities and Banking. District of Columbia DISB; Official insurance regulator homepage. Accessed 2026-09-28.
6
Verify a Financial Institution or Representative Licensed with DISB. District of Columbia DISB; Official license verification for companies and representatives. Accessed 2026-09-28.
7
Surplus Line Information. District of Columbia DISB; Current 2% tax base including incidental placement fees; fees must be necessary and separately itemized; diligent-effort rule. Accessed 2026-09-28.
8
File a Complaint or Report Fraud. District of Columbia DISB; Official insurance complaint information and filing form. Accessed 2026-09-28.
9
15 U.S.C. §8201: Reporting, payment, and allocation of premium taxes. U.S. House of Representatives, Office of the Law Revision Counsel; §8201(a): exclusive insured home-State authority to require nonadmitted premium tax; (c): separate allocation reporting. Accessed 2026-09-28.
10
15 U.S.C. § 8205: Streamlined application for commercial purchasers. U.S. House of Representatives, Office of the Law Revision Counsel; §8205(1)-(2): admitted-market disclosure about possible availability, greater protection and oversight followed by the qualified purchaser’s written request; eligibility separately defined in §8206(5). Accessed 2026-09-28.
11
15 U.S.C. §8206: Definitions. U.S. House of Representatives, Office of the Law Revision Counsel; §8206(5) exempt-commercial-purchaser criteria; (6) home State and affiliated-insured rules; (13) qualified risk manager. Accessed 2026-09-28.
12
Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
13
Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
14
Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
15
About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
16
Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
17
Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
18
Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Generative AI Liability Insurance in the District of Columbia

What Is Generative AI Liability Insurance?

What to Watch for With Generative AI Liability in District of Columbia

A private intimate-image disclosure can create a civil claim

The statute does not expressly define AI-generated images

Lawful reporting and public-interest exceptions are scoped