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Generative AI Liability Insurance in Minnesota

Minnesota Statutes §§ 617.262 and 604.32 address nonconsensual dissemination of realistic deepfakes that depict intimate parts or sexual acts. The criminal statute requires knowledge or reason to know of nonconsent, identifiability, and covered content; the civil statute permits damages and other relief for covered dissemination. Consent to creation or private transmission is not a defense to knowing public distribution without consent. 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 Minnesota

  • The Minnesota crime covers fabricated intimate anatomy

    Minnesota § 617.262 covers realistic deepfakes presenting another person’s intimate parts or artificially generated intimate parts as that person’s, as well as depictions of the person engaging in a sexual act. The depicted individual must be identifiable and the actor must know or reasonably should know the person did not consent to dissemination. Review both face/identity matching and synthetic anatomy generation in moderation and incident-response workflows. 1

  • A separate civil statute allows damages

    Section 604.32 creates a cause of action for nonconsensual dissemination of a qualifying deepfake depicting intimate parts or sexual acts. Available relief includes general and special damages, financial losses, mental anguish, and other listed remedies. Its definition focuses on realistic speech or conduct substantially dependent on technical means; confirm the alleged file and publication meet each statutory element before treating a claim as covered. 2

  • Consent to make a deepfake does not authorize public sharing

    The civil statute says consent to creation or voluntary private transmission is not a defense when a person disseminates the deepfake knowing the depicted individual did not consent to public dissemination. Keep consent records scoped to audience and permitted use, and ask whether sharing with a vendor, customer, or public platform is treated as a new disclosure under the policy. 2

Who Regulates Insurance in Minnesota

Minnesota Department of Commerce

The Minnesota Department of Commerce regulates insurance companies and producers, reviews rates and forms, and investigates 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

Reported tax rate: 3% of taxable gross premiums less return premiums, plus a 0.04% stamping fee on taxable premium when Minnesota is the insured's home state When Minnesota is the insured's home state, 3% tax applies to taxable gross premiums less return premiums; the separate 0.04% stamping fee on taxable premium is paid by you to the broker. Minnesota requires a policy warning that insolvency loss payment by a nonadmitted insurer is not guaranteed. A diligent search generally applies unless a Minnesota-licensed producer unaffiliated with the surplus-lines broker refers the risk, which the statute deems unavailable from a licensed insurer; an exempt commercial purchaser also has a separate written-request route after the required admitted-market disclosure. 6,9,7,8,10

Minnesota Surplus Lines Association

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 Minnesota

  1. Can your product generate intimate body parts, sexual acts, or a realistic impersonation of an identifiable person, and who can publish those outputs?
  2. Does consent documentation specify permitted recipients and public distribution, and can you retrieve the version and sharing history?
  3. Does the quote address the separate Minnesota criminal and civil statutes, including mental-anguish damages and defense expenses?

Generative AI Liability in Minnesota: FAQ

Does Minnesota prohibit every deepfake? 1,2

No. The cited provisions concern defined realistic deepfakes involving intimate parts or sexual acts, with statutory requirements for nonconsensual dissemination, knowledge, and identifiability. 1,2

Does consent to create a Minnesota deepfake allow public distribution? 2

No. For a person who knows the depicted individual did not consent to public dissemination, consent to creation or private transmission is not a defense under the civil statute. 2

Generative AI Liability in Other States

Other Coverage in Minnesota

Sources

  1. Minnesota Statutes § 617.262: Nonconsensual Dissemination of a Deep Fake Depicting Intimate Parts or Sexual Acts. Minnesota Revisor of Statutes; Subdivisions 1–3: definitions, offense elements, penalty, and consent rule. Accessed 2026-09-29.
  2. Minnesota Statutes § 604.32: Cause of Action for Nonconsensual Dissemination of a Deep Fake. Minnesota Revisor of Statutes; Subdivisions 1–4: definition, liability, damages, and limitations. Accessed 2026-09-29.
  3. Insurance. Insurance; Insurance regulator and consumer resources. Accessed 2026-09-28.
  4. Insurance License Lookup. Insurance; State-designated producer/company search. Accessed 2026-09-28.
  5. File an Insurance Complaint. Insurance; Insurance complaint topic; filing portal, complaints line, email contact. Accessed 2026-09-28.
  6. Minn. Stat. §297I.05. Minnesota Revisor of Statutes; 3% on gross premiums less return premiums when Minnesota is insured's home state; 100% taxable in Minnesota. Accessed 2026-09-28.
  7. Instructions for 2026 Semiannual Stamping Fee Report. Minnesota Surplus Lines Association; 2026 report p.1, lines 82–94: stamping fee rate .0004 (0.04%) of policy premium for transactions effective on or after October 1, 2016; current report linked from the association's 2026 site. Accessed 2026-09-28.
  8. Minn. Stat. §60A.207. Minnesota Revisor of Statutes; 2025 text, lines 250–255: policy notice states insurer is not otherwise licensed in Minnesota and insolvency loss payment is not guaranteed. Accessed 2026-09-28.
  9. Minn. Stat. §297I.01. Minnesota Revisor of Statutes; Definition of gross premiums for nonadmitted insurance includes fees, assessments and other consideration, with stamping fee and operating assessment exclusions. Accessed 2026-09-28.
  10. Minnesota Statutes 2025, §60A.201. Minnesota Revisor of Statutes; 2025 Minn. Stat. §60A.201 subd.1 (admitted-market restriction); subd.5 (ECP disclosure and subsequent written request); subd.6 (risk referred by unaffiliated Minnesota-licensed producer deemed unavailable). Amendments listed through 2025. 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.

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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