What Generative AI Liability Insurance Requirements Apply in Kentucky?

Kentucky Revised Statutes § 117.322 lets a candidate seek an order requiring a clear and conspicuous disclosure when synthetic media alters the candidate in electioneering communications; the law sets a 45-day pre-election window and uses clear-and-convincing evidence. The same 2025 enactment also established state-agency AI governance and disclosure standards under KRS 42.720–42.742, including requirements for agencies using high-risk AI systems. These rules have different scopes: political sponsors and state agencies.

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 Kentucky

Kentucky’s candidate remedy centers on the 45 days before an election
KRS 117.322 applies to qualifying electioneering communications within 45 days before an election that includes the candidate. A candidate may seek equitable relief and fees, but must establish synthetic-media use by clear and convincing evidence; preserve source versions and distribution dates. ¹
A clear and conspicuous disclosure can be an affirmative defense
The disclosure must accompany or sit alongside and be associated with the content in a way likely to be noticed. A buried metadata tag may not meet that placement rule. The statute also makes a medium liable in limited cases if it removes a disclosure and fails to restore it or remove the communication after notice. ¹
State agency AI procurement has separate governance controls
KRS 42.720–42.742 establishes a governance committee and standards for state-government AI use, including public disclosure in specified circumstances and annual reporting. Vendors serving a Commonwealth agency should verify the agency’s AI classification, disclosure, and contracting requirements instead of applying election-ad rules to that engagement. ²

Which Generative AI Liability Providers Have Kentucky 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 Kentucky?

Kentucky Department of Insurance

The Kentucky Department of Insurance licenses agents and insurers, monitors the insurance market, and accepts complaints about insurance companies and agents. You can use its state lookup or complaint service to check a license or raise an insurance issue. ^3,^4,⁵

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint
Phone: 800-595-6053 (option 1, Kentucky only)

Surplus-Lines Tax and Stamping Office in Kentucky

Reported tax rate. 3% on Kentucky-home-state premiums and other premium consideration; separate 1.8% surcharge on eligible risks located in Kentucky, subject to statutory exceptions; applicable local-government premium tax may also apply ^6,^9,^7,^8,¹⁰

When Kentucky is the insured's home state, the state tax is 3% of premium and other consideration treated as premium; local-government premium taxes may also apply. A separate 1.8% surcharge generally applies to Kentucky risks, but state law exempts multistate nonadmitted risks and specified government and nonprofit premiums. The broker must make a diligent effort to place coverage with an admitted carrier before using surplus lines.

Questions to Ask Before You Buy Generative AI Liability in Kentucky

Does election-ad review track whether content is within Kentucky’s 45-day window and includes a candidate?
Can the disclosure remain conspicuous beside the content after reposting, cropping, or platform conversion?
Do public-sector AI contracts account for the Commonwealth’s governance and disclosure standards?

Generative AI Liability Insurance in Kentucky: FAQ

Are election media and advertising sales representatives always liable?

No. KRS 117.322 generally limits their liability but lists circumstances involving removal of disclosures or changes that cause content to qualify as synthetic media; the statute also contains a federal-broadcast exception. ¹

Does the agency AI chapter regulate every private developer?

The cited chapter’s developer and deployer provisions are framed around Commonwealth departments, agencies, and administrative bodies. It should not be described as a general private-sector AI licensing law. ²

Sources for Generative AI Liability Insurance in Kentucky

1
Kentucky Revised Statutes § 117.322: Action Against Use of Synthetic Media in Electioneering Communication. Kentucky Legislative Research Commission; Subsections (1)–(7): 45-day scope, candidate remedy, evidence burden, disclosure defense, media liability and exceptions; effective Mar. 24, 2025. Accessed 2026-09-29.
2
Kentucky Senate Bill 4 (2025), Chapter 66: AI Governance and Government Use. Kentucky General Assembly; Enacted version amending KRS 42.720–42.742, including definitions, governance committee, state agency standards, public disclosures and reporting. Accessed 2026-09-29.
3
Kentucky Department of Insurance. Kentucky Department of Insurance; Homepage and consumer telephone. Accessed 2026-09-28.
4
Insurance License Lookup. Kentucky Department of Insurance; State-designated producer/company search. Accessed 2026-09-28.
5
File an Insurance Complaint. Kentucky Department of Insurance; Official DOI consumer complaint page accepts complaints involving general liability and disputes with insurers, agents or adjusters. Accessed 2026-09-28.
6
KRS 304.10-180. Kentucky General Assembly; KRS 304.10-180(1): Kentucky-home-state; 3% applies to premiums, assessments, fees, charges or other premium consideration; local premium tax is separate. Accessed 2026-09-28.
7
Local Government Premium Taxes. Kentucky Department of Insurance; Current local tax schedules. Accessed 2026-09-28.
8
KRS 304.10-090. Kentucky General Assembly; KRS 304.10-090 requires policy notice that nonadmitted insurer is not a Kentucky Insurance Guaranty Association member and its benefits are unavailable upon insolvency. Accessed 2026-09-28.
9
KRS 136.392. Kentucky General Assembly; KRS 136.392(1),(5)-(6): $1.80 per $100 on premium/other charges for Kentucky risks; named government/nonprofit exceptions; multistate nonadmitted risks exempt. Accessed 2026-09-28.
10
Surplus Lines. Kentucky Department of Insurance; Full page states licensed surplus-lines brokers must make a diligent effort to place with an admitted carrier before exporting coverage. Accessed 2026-09-28.
11
Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
12
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.
13
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.
14
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.
15
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.
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.

What Generative AI Liability Insurance Requirements Apply in Kentucky?

What Is Generative AI Liability Insurance?

What to Watch for With Generative AI Liability in Kentucky

Kentucky’s candidate remedy centers on the 45 days before an election

A clear and conspicuous disclosure can be an affirmative defense

State agency AI procurement has separate governance controls