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Generative AI Liability Insurance in Nebraska

Nebraska Revised Statutes § 28-1802 defines computer-generated material to include content created, adapted, or modified using artificial intelligence. Its child sexual abuse material definition includes depictions of a computer-generated person where the material is obscene and the person is or would appear to a reasonable person to be a child. Section 28-1805 prohibits specified production, promotion, distribution, and possession conduct; § 25-21,304 provides a civil action and Attorney General enforcement for prohibited content on public internet websites. 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 Nebraska

  • A real child is not always required for the defined material

    The definition includes an obscene depiction of a computer-generated person who is a child, appears to a reasonable person to be a child, or has a child’s physical features. The statute therefore requires a fact-specific review of the content and obscenity criteria, not merely proof that a real minor posed for an image. 1

  • Production and promotion are distinct from hosting

    Section 28-1805 lists several acts, including knowingly making, generating, promoting, distributing, or possessing covered material with intent to distribute. Map the model operator’s, user’s, and website’s respective actions to the statute rather than assuming one actor’s role describes all. 1

  • Nebraska provides a separate website-focused civil provision

    Section 25-21,304 bars specified knowing and intentional facilitation of access to or dissemination of prohibited content on a publicly available internet website and allows a victim civil action. The statute identifies this as an additional remedy; it is not a general claim for all synthetic-media harms. 2

Who Regulates Insurance in Nebraska

Nebraska Department of Insurance

The Nebraska Department of Insurance oversees insurers and producers and examines insurance complaints. Its online company and producer search is maintained through State Based Systems. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 3% of gross premium charged, less return premiums Nebraska’s 3% tax applies to gross premium charged less return premium when the risk is Nebraska’s home-state placement; fees paid to the carrier are taxable, while broker-retained or third-party fees are not. A Nebraska-licensed surplus-lines producer ordinarily must complete due diligence, while exempt-commercial-purchaser provisions permit limited exceptions; federal ECP status alone does not erase the disclosure and subsequent written-request conditions for the federal search waiver. Nebraska policies state that its Property and Liability Guaranty Association will not cover surplus-lines claims. 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 Nebraska

  1. Can screening distinguish prohibited obscene child depictions from other generated imagery using Nebraska’s statutory definitions?
  2. Which entity controls generation, promotion, access, and public website distribution, and what records establish that role?
  3. Does the quote cover defense and civil claims under the website-focused statute as well as criminal proceedings?

Generative AI Liability in Nebraska: FAQ

Does Nebraska prohibit all AI depictions of children? 1

The statute focuses on defined child sexual abuse material, including obscene depictions of a computer-generated person meeting the child-related criteria. It does not declare every AI depiction involving a child unlawful. 1

Is the Nebraska website action the only available remedy? 2

No. Section 25-21,304 says its civil action supplements other remedies that may exist under law. Its scope remains tied to the section’s prohibited-content and website-conduct requirements. 2

Generative AI Liability in Other States

Other Coverage in Nebraska

Sources

  1. Nebraska Revised Statute § 28-1802: Terms Defined. Nebraska Legislature; Definitions of child sexual abuse material and computer-generated, including AI-created, adapted or modified depictions. Accessed 2026-09-29.
  2. Nebraska Revised Statute § 25-21,304: Prohibited Content; Civil Action; Attorney General Enforcement. Nebraska Legislature; Subsections (1)–(8): prohibited content, website conduct, victim civil action, penalties and supplemental remedies. Accessed 2026-09-29.
  3. Nebraska Department of Insurance. Nebraska Department of Insurance; Official department homepage. Accessed 2026-09-28.
  4. Company and Producer Search. Nebraska Department of Insurance; Nebraska DOI’s state-specific search landing page; identifies SBS as the source for producer and company licensing records. Accessed 2026-09-28.
  5. File a Complaint. Nebraska Department of Insurance; Official complaint filing page; complaint division examines complaints; toll-free hotline 877-564-7323 is in-state only. Accessed 2026-09-28.
  6. Surplus Lines. Nebraska Department of Insurance; Current page states 3% on gross premiums less return premium; carrier fees included, broker-retained/third-party fees excluded; describes due-diligence and ECP/self-procurement rules. Accessed 2026-09-28.
  7. Neb. Rev. Stat. §§44-5501–44-5515. Nebraska Legislature; Surplus Lines Insurance Act; §§44-5502, 44-5509 and 44-5510 address home state, policy notice and due diligence. Accessed 2026-09-28.
  8. Neb. Rev. Stat. §§44-5502, 44-5510 and 44-5515. Nebraska Legislature; ECP definition, diligent-search rules, exempt purchaser filing/tax treatment; federal ECP waiver also requires broker disclosure and subsequent purchaser written request under 15 U.S.C. §8205. Accessed 2026-09-28.
  9. Neb. Rev. Stat. §44-5509. Nebraska Legislature; Required surplus-lines policy disclaimer says Nebraska Property and Liability Guaranty Association will not be liable. 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. 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.
  16. 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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