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Generative AI Liability Insurance in Tennessee

Tennessee’s 2025 law permits a civil action when an intimate digital depiction is intentionally disclosed without consent and the discloser knows of or recklessly disregards nonconsent; it prescribes written consent, damages, and injunctions. Tennessee’s ELVIS Act separately extends publicity rights to voice and likeness uses in commerce, so synthetic voice products need their own rights-clearance review. 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 Tennessee

  • Tennessee provides a set liquidated-damages option

    A plaintiff under the intimate-digital-depiction law may seek actual damages or liquidated damages of $150,000, along with any monetary gain, punitive damages, and costs including reasonable attorney fees. A court may also issue injunctive relief to stop display or disclosure. Model this civil exposure separately from first-party content-response expenses. 1

  • Tennessee separates permission to create from permission to disclose

    Consent to making the intimate digital depiction does not establish consent to disclosing it. Valid consent must be in a plain-language agreement signed knowingly and voluntarily and generally describe the depiction and any visual work into which it will be incorporated. Retain the scope and proof of each permission. 1

  • Tennessee publicity rights include commercial voice use

    The ELVIS Act adds voice to Tennessee’s protected property rights and imposes civil liability for specified knowing commercial uses without prior consent, including advertising and solicitation. A synthetic voice used in marketing or fundraising raises a different claim path from intimate-image publication, so confirm talent licenses cover the intended medium and term. 2

Who Regulates Insurance in Tennessee

Tennessee Department of Commerce and Insurance

TDCI regulates and licenses insurance companies, agents, brokers, surplus-lines agents, and public adjusters. Its complaint process accepts complaints about agents or companies when the policy was written in Tennessee, and its property/casualty unit reviews filed policy rates, rules, and forms. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 5% of gross premium plus 0.175% SLAS transaction fee For Tennessee-home-state surplus-lines policies, TDCI lists a 5% tax on gross premium and a 0.175% SLAS transaction fee on gross premium; the agent receives an invoice and pays both through SLIP. The sources reviewed do not establish that the fee is always separately charged to the policyholder or resolve guaranty-association treatment, so ask your broker to itemize charges and review the policy notice. 6,7

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 Tennessee

  1. Does the platform create or disclose intimate digital depictions, and can it preserve the depicted person’s written consent?
  2. Are synthetic voices or likenesses used to advertise, solicit, or sell services under a valid license?
  3. Do policy limits and exclusions address statutory damages, injunction defense, and publicity claims?

Generative AI Liability in Tennessee: FAQ

Does consent to create an image authorize Tennessee disclosure? 1

No. The statute says creation consent alone does not establish consent to disclosure; the disclosure permission must satisfy the law’s written-agreement requirements. 1

Does Tennessee protect only a person’s name and photograph? 2

No. The ELVIS Act added voice to the statutory property right and addresses specified commercial use without prior consent. 2

Generative AI Liability in Other States

Other Coverage in Tennessee

Sources

  1. Tennessee Public Chapter 466 (2025). Tennessee Secretary of State; T.C.A. §§ 39-17-1901 to -1906: definitions, civil action, consent, damages, and equitable relief. Accessed 2026-09-29.
  2. Tennessee Public Chapter 588 (2024), ELVIS Act. Tennessee Secretary of State; T.C.A. §§ 47-25-1101 et seq.: voice, likeness, commercial use, and exceptions. Accessed 2026-09-29.
  3. tennessee insurance regulator. State insurance regulator; TDCI official insurance-division and consumer pages describe department scope, review units and complaint role. Accessed 2026-09-28.
  4. TDCI Agent/Producer Resources. State insurance regulator; Agent Licensing Section licenses producers, business entities, surplus-lines agents, brokers, and public adjusters; page links to Verify License. Accessed 2026-09-28.
  5. File an Insurance Complaint. State insurance regulator; TDCI accepts online complaints about insurers and agents only for policies written in Tennessee; third-party claimants are directed to call. Accessed 2026-09-28.
  6. Surplus Lines Filing Procedures. Tennessee Department of Commerce and Insurance; Tax Payments section: 5% gross premium plus .175% of gross premium SLAS transaction fee; agents receive quarterly invoices and pay via ACH in SLIP. Accessed 2026-09-28.
  7. Tennessee Public Chapter 446 (2011), T.C.A. §56-14-113. Tennessee Secretary of State; Current tax framework enacted in §56-14-113: 5% applies when Tennessee is the insured’s home state; tax collected from insured in addition to premium. Read with current TDCI filing-procedure page for current fee and SLIP handling. Accessed 2026-09-28.
  8. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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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