What Generative AI Liability Insurance Requirements Apply in Michigan?

Michigan’s Protection from Intimate Deep Fakes Act, effective August 26, 2025, covers realistic, identifiable media that falsely depicts intimate parts or a sexual act. A depicted person may sue over creation or dissemination where the creator or distributor knew or should have known of likely harm, or acted with a specified harmful purpose; the criminal provision adds felony factors such as operating a site or app for the deepfake or posting it online.

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 Michigan

  • Michigan’s civil action can target creation before public posting

    MCL 752.383 allows a depicted individual or representative to sue for nonconsensual creation or dissemination when the person knew or reasonably should have known it would cause physical, emotional, reputational, or economic harm, or created or disseminated it for a listed harmful purpose. The image must realistically depict intimate parts or a sexual act and identify the person. Preserve prompt, output, review, and distribution records because creation and publication are both named. 1

  • Operating a site or app for the image can raise criminal severity

    Michigan’s criminal statute makes a covered intentional intimate deepfake a misdemeanor, with aggravated factors supporting a three-year felony. Listed factors include financial loss, intent to profit, operating a website or app for creating or disseminating the deepfake, website posting, harmful intent, and a prior conviction. If you operate a generative platform, document prohibited uses, user reporting, moderation, and whether the service is designed or used for such content. 1

  • A Michigan victim can seek privacy-preserving court relief

    Under MCL 752.384, a claim accrues when the depicted individual discovers the deepfake; venue may be where either party resides or where the deepfake was produced, reproduced, or stored. Courts must allow confidential filings and may issue relief to maintain a plaintiff’s confidentiality under a pseudonym. Ask how the policy treats emergency injunction response and the costs of confidential litigation. 1

  • Michigan separately prohibits specified deceptive trade practices

    The Michigan Consumer Protection Act prohibits listed unfair, unconscionable, or deceptive methods and representations in trade or commerce. When marketing an AI product, retain support for claims about accuracy, human review, or authorization and distinguish a commercial representation claim from the intimate-deepfake offenses in Act 11. 2

Which Generative AI Liability Providers Have Michigan 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 Michigan?

Michigan Department of Insurance and Financial Services

The Michigan Department of Insurance and Financial Services licenses agents, agencies and companies, supervises insurance business, and helps resolve complaints. You can use its state lookup or complaint service to check a license or raise an insurance issue. 3,4,5

Surplus-Lines Tax and Stamping Office in Michigan

Reported tax rate. 2.5% combined surplus-lines tax and regulatory fee on premium when Michigan is the insured's home state 6,7,8

Michigan's Property and Casualty Guaranty Association is funded by insurers authorized to transact in the state; an insurer procured solely under Chapter 19 is expressly not considered authorized for that chapter. The surplus-lines policy must carry a notice that the insurer is not Michigan-licensed and insolvency claim payment may not be guaranteed.

Questions to Ask Before You Buy Generative AI Liability in Michigan

  1. Can your platform generate, store, or post realistic intimate depictions of an identifiable individual, and what prevents that workflow?
  2. Do user policies, detection controls, reporting, and moderation logs show how the company responds to harmful prompts and outputs?
  3. Does the quote address Michigan’s civil claims for creation and dissemination, aggravated criminal allegations, and emergency privacy injunctions?

Generative AI Liability Insurance in Michigan: FAQ

Does Michigan’s law cover only deepfakes posted publicly?

No. The civil cause of action covers specified nonconsensual creation or dissemination. The criminal section also distinguishes conduct and aggravating factors, including website or app operation and posting. 1

Can a Michigan plaintiff keep their identity confidential in a deepfake lawsuit?

MCL 752.384 directs courts to allow confidential filings and permits relief maintaining a plaintiff’s confidentiality under a pseudonym. 1

Generative AI Liability Insurance Guides for Other States

Other coverage in MichiganEvery coverage guide for Michigan, 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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