What Generative AI Liability Insurance Requirements Apply in Illinois?

Illinois’s Right of Publicity Act, as amended by the Digital Voice and Likeness Protection Act, restricts certain commercial identity uses and knowing public distribution of an unauthorized digital replica, with exceptions and remedies set by statute. Separate rules require notice, explanation, and consent when employers use AI to analyze applicants’ recorded video interviews for Illinois positions.

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 Illinois

Knowingly sharing a replica can create a separate claim
For acts after January 1, 2025, Illinois bars a person from knowingly distributing, transmitting, or making available to the general public a sound recording or audiovisual work with actual knowledge that it contains an unauthorized digital replica. The Act also addresses a person who materially contributes to or facilitates a violation after actual knowledge. Its definition and enumerated exceptions matter, so distinguish model development, private customer delivery, public posting, and later platform distribution in a claim scenario. ¹
AI video screening has notice and consent duties
If your company asks applicants for positions based in Illinois to record video interviews and uses AI analysis to assess fitness, the employer must give advance notice, explain how the system works and the general characteristics it evaluates, and obtain consent before the interview. It cannot evaluate an applicant who has not consented. A liability submission should identify whether your company is the employer, tool vendor, or both; vendor contracts and defense coverage may treat those roles differently. ²
Exceptions and remedies turn on how the work is used
The Illinois replica law contains exceptions for categories such as news, public affairs, political campaigns, commentary, criticism, scholarship, satire, parody, and certain documentary or biographical works; some exceptions turn on whether a reasonable viewer would falsely believe the recording authentic. A violation can expose a defendant to actual damages or profits and statutory remedies. Preserve the work, consent record, distribution history, and intended context for the broker and counsel. ¹

Which Generative AI Liability Providers Have Illinois 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 Illinois?

Illinois Department of Insurance

The Department licenses and oversees insurers and insurance producers doing business in Illinois, reviews regulated insurance activity, and investigates complaints about coverage, claims, premiums, and sales. ^3,^5,⁴

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint
Phone: (866) 445-5364

Surplus-Lines Tax and Stamping Office in Illinois

Reported tax rate. 3.5% of taxable premium plus a 0.04% stamping fee; separate 1% fire marshal tax on taxable fire premium ^7,^6,^10,^11,⁸

When Illinois is the insured’s home state, the broker reports and remits a 3.5% tax on gross taxable surplus-line premium less returned taxable premium. The separate SLAI stamping fee is 0.04% for policies effective on or after January 1, 2023; a 1% fire marshal tax also applies to taxable fire premium.

Surplus Line Association of Illinois

Illinois guaranty fund limits: For covered claims against a member insurer, the Illinois Insurance Guaranty Fund generally caps its obligation at $500,000 per claim; workers’ compensation claims are excepted from that dollar cap. This fund does not protect policies issued by nonadmitted surplus-lines insurers. The net-worth exclusions apply to covered claims against member insurers. ⁸
Illinois FAIR Plan: If you cannot obtain basic property coverage in the voluntary market, the Illinois FAIR Plan offers a residual-market option for eligible property. Check its current eligibility and coverage limits before relying on it for a commercial location. ⁹

Questions to Ask Before You Buy Generative AI Liability in Illinois

Does the workflow create an electronic performance that a reasonable observer would believe is the individual, and who distributes it to the public?
For Illinois job applicants, who gives the AI-analysis notice, explains the evaluation factors, obtains consent, and receives the videos?
Which policy terms address publicity, privacy, discrimination, intellectual property, defense costs, and claims involving a vendor or customer?

Generative AI Liability Insurance in Illinois: FAQ

Does Illinois prohibit all AI-generated depictions?

No. The Right of Publicity Act addresses defined identity and digital-replica uses, including certain knowing public distributions, and lists exceptions. The AI Video Interview Act separately applies to a specified employment-screening workflow. Neither is a general ban on AI output. ^1,²

When does Illinois require consent for AI hiring analysis?

An employer using AI analysis of recorded applicant video interviews for positions based in Illinois must provide advance notice and an explanation, obtain the applicant’s consent, and may not evaluate a nonconsenting applicant with the AI program. ²

Sources for Generative AI Liability Insurance in Illinois

1
Illinois Right of Publicity Act. Illinois General Assembly; 765 ILCS 1075/5, 30, 35, and 40: digital replica definitions, prohibited uses, exceptions, applicability, and monetary relief; P.A. 103-836, effective Jan. 1, 2025. Accessed 2026-09-29.
2
Artificial Intelligence Video Interview Act. Illinois General Assembly; 820 ILCS 42/5, 10, 15, and 20: disclosure, consent, sharing, deletion, and demographic reporting for covered video interviews. Accessed 2026-09-29.
3
Illinois Department of Insurance. Illinois Department of Insurance; Official agency homepage and agency information. Accessed 2026-09-28.
4
File a Complaint. Illinois Department of Insurance; Official insurance complaint intake and consumer phone. Accessed 2026-09-28.
5
Agent Lookup. Illinois Department of Insurance; Department page explains use of Illinois SBS Lookup for agents, brokers, and business entities; Department home provides company license lookup. Accessed 2026-09-28.
6
Calculating & Remitting Taxes: Surplus Line Tax. Surplus Line Association of Illinois; Current surplus-line tax applicability and rate. Accessed 2026-09-28.
7
215 ILCS 5/445: Surplus line. Illinois General Assembly; Subsections (3)(a), (12): tax and code applicability. Accessed 2026-09-28.
8
215 ILCS 5: Illinois Insurance Guaranty Fund. Illinois General Assembly; Article XXXIV: cap, net-worth exclusions, exceptions, and non-admitted insurer exclusion. Accessed 2026-09-28.
9
Illinois FAIR Plan Association. Illinois FAIR Plan Association; Plan overview and current eligibility information. Accessed 2026-09-28.
10
Stamping Fees: Fee Calculation. Surplus Line Association of Illinois; Current stamping fee 0.04% of premium for policies effective January 1, 2023 or later; may be passed to insured. Accessed 2026-09-28.
11
50 Ill. Adm. Code § 2701.130: Taxes. Illinois Joint Committee on Administrative Rules; Surplus line producer pays 1% fire marshal tax on gross premiums less returned premiums for insurance subject to the Fire Investigation Act. 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
About Risklytics. Risklytics; What we do; Who we insure; Licensing; Agency licenses table dated 2026-09-10. Accessed 2026-09-16.
18
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.
19
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.

What Generative AI Liability Insurance Requirements Apply in Illinois?

What Is Generative AI Liability Insurance?

What to Watch for With Generative AI Liability in Illinois

Knowingly sharing a replica can create a separate claim

AI video screening has notice and consent duties

Exceptions and remedies turn on how the work is used