What Generative AI Liability Insurance Requirements Apply 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.

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 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

Providers With Tennessee 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 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 in Tennessee

Reported tax rate. 5% of gross premium plus 0.175% SLAS transaction fee 6,7

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.

Questions to Ask Before You Buy Generative AI Liability 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 Insurance in Tennessee: FAQ

Does consent to create an image authorize Tennessee disclosure?

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?

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

Generative AI Liability Insurance Guides for Other States

Other coverage in TennesseeEvery coverage guide for Tennessee, 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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