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Generative AI Liability Insurance in Indiana

Indiana Code chapter 3-9-8 defines fabricated media to include artificially generated imitations and requires a disclaimer in qualifying campaign communications; a depicted candidate may seek a civil remedy. Separately, Indiana amended its intimate-image law to define computer-generated images and include them in criminal and civil liability rules. The election provisions concern candidate communications, while the intimate-image provisions turn on the image, consent, and the actor’s conduct. 1,2

What Is Generative AI Liability?

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 in Indiana

  • Election disclaimers apply to defined campaign communications

    Indiana’s statute covers communications advocating election or defeat of a clearly identified candidate or soliciting a contribution. It requires a payer disclaimer for covered fabricated media; assess the communication’s purpose and the statutory definition of fabricated media before applying the requirement. 1

  • Indiana expressly includes computer-generated intimate images

    The amended definition includes an image created or modified through software, AI, applications, or editing tools, and the intimate-image definition includes a computer-generated image depicting specified sexual conduct or exposed anatomy. Consent to an ordinary portrait does not supply consent to such a depiction. 2

  • Election and intimate-image claims involve different parties and remedies

    A candidate may pursue the chapter 3-9-8 remedy for fabricated campaign media; the intimate-image chapter provides separate criminal and civil consequences for covered depictions. Map the claimant, content, and distribution purpose before reporting a claim under a single policy trigger. 1,2

Who Regulates Insurance in Indiana

Indiana Department of Insurance

The Indiana Department of Insurance licenses and regulates insurance companies and producers, reviews rates and policies, and investigates consumer complaints. Its Consumer Services Division accepts complaints and the Department provides company and license searches. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 2.5% of gross premium when Indiana is the home state Indiana’s surplus-lines premium tax is 2.5% when Indiana is the insured’s home state. Surplus-lines policies are outside Indiana guaranty-fund protection; before you buy, confirm the insurer’s identity and financial strength with your broker. 6,7,8,9

Providers With Documented State Licenses

No provider in Spot’s research documents both a state license record and 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.

Questions to Ask Before You Buy in Indiana

  1. Can political-ad workflows apply the separate payer disclaimer required for fabricated candidate media?
  2. Do consent and review controls flag computer-generated intimate images separately from ordinary edited images?
  3. Does coverage account for both candidate remedies and the criminal or civil consequences of intimate-image distribution?

Generative AI Liability in Indiana: FAQ

Does the Indiana election law govern all synthetic media? 1

No. Chapter 3-9-8 applies to qualifying campaign communications and defined fabricated media; it does not establish a general labeling duty for all generated content. 1

Can the image subject sue over a nonconsensual intimate image? 2

Indiana’s amended civil statute provides a cause of action for a depicted individual who suffers harm from specified nonconsensual disclosures, subject to its elements and exceptions. 2

Generative AI Liability in Other States

Other Coverage in Indiana

Sources

  1. Indiana Public Law 81-2024, HEA 1133: Use of Digitally Altered Media in Elections. Indiana Secretary of State; Summary of enacted 2024 election changes; read with Ind. Code ch. 3-9-8, including definitions, disclaimer, and candidate civil action. Accessed 2026-09-29.
  2. Indiana Code, Title 34, Article 21.5: Unlawful Disclosure of Intimate Images. Indiana General Assembly; IC 34-21.5-2-1 as amended by HEA 1047 (P.L. 29-2024): computer-generated image and intimate-image definitions; chapter’s civil remedy. Accessed 2026-09-29.
  3. Indiana Department of Insurance. Indiana Department of Insurance; Official regulator homepage and insurance oversight. Accessed 2026-09-28.
  4. Company/Entity Financial Compliance. Indiana Department of Insurance; Official Company Lookup queries live department data on licensed entities; producer resources linked separately. Accessed 2026-09-28.
  5. Submit a Complaint Online. Indiana Department of Insurance; Online complaint portal and published consumer phone. Accessed 2026-09-28.
  6. Indiana Code § 27-1-15.8-4: Tax on surplus lines insurance. Indiana General Assembly; 2.5% tax and insured home-state application. Accessed 2026-09-28.
  7. Surplus Lines Agent Licensing. Indiana Department of Insurance; Official IDOI surplus-lines agent and company guidance; identifies surplus-lines insurers as companies not licensed to transact admitted insurance in Indiana and statutory eligibility conditions. Accessed 2026-09-28.
  8. Guaranty Associations & Funds. National Association of Insurance Commissioners; Overview of state guaranty-association scope and nonadmitted insurers. Accessed 2026-09-28.
  9. Guaranty Funds. Indiana Department of Insurance; Department description of Indiana P&C and life/health guaranty funds and their limits; together with the Department's surplus-lines company page distinguishing these nonauthorized companies from licensed insurers. Accessed 2026-09-28.
  10. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. About Risklytics. Risklytics; What we do; Who we insure; Licensing; Agency licenses table dated 2026-09-10. Accessed 2026-09-16.
  16. 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.
  17. 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.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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