What Generative AI Liability Insurance Requirements Apply 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.

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 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

Which Generative AI Liability Providers Have Indiana 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 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 in Indiana

Reported tax rate. 2.5% of gross premium when Indiana is the home state 6,7,8,9

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.

Questions to Ask Before You Buy Generative AI Liability 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 Insurance in Indiana: FAQ

Does the Indiana election law govern all synthetic media?

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?

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 Insurance Guides for Other States

Other coverage in IndianaEvery coverage guide for Indiana, plus the regulator and surplus-lines details.

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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