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Generative AI Liability Insurance in Virginia

Virginia Code § 18.2-386.2 covers malicious, unauthorized dissemination or sale of specified nude, sexually explicit, or obscene images and says an image may depict an actual person whose image was used to create or modify it. Separately, § 8.01-46.2 treats knowingly sending an intimate image electronically to an adult who forbade or did not consent to receiving such material as trespass, with at least $500 in damages and attorney fees. 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 Virginia

  • Virginia’s criminal statute reaches altered likenesses

    Section 18.2-386.2 includes images created or modified with intent to depict a recognizable actual person, even if the person did not appear in the source image. The offense requires malicious dissemination or sale, intent to coerce, harass, or intimidate, covered nudity or obscenity, and knowledge or reason to know the actor is unauthorized. Preserve authorization, editing history, and the distributor’s state of mind for a Virginia claim. 1

  • Virginia has a separate remedy for unwanted electronic images

    Section 8.01-46.2 applies when an adult knowingly sends an intimate image by computer or other electronic means to another adult who did not consent to using the device to receive it or expressly forbade receipt. The recipient may recover actual damages or $500, whichever is greater, plus reasonable attorney fees and costs, and seek an injunction. It expressly excludes several transmission intermediaries and specified services; distinguish a sender from a passive service provider. 2

  • The two Virginia laws address different harm pathways

    The criminal statute centers on malicious circulation of a person’s image to coerce, harass, or intimidate the person depicted. The civil statute centers on the adult recipient’s lack of consent to receive intimate material. For a generative product, clarify whether the allegation is that the customer’s likeness was used without authorization or that an unsolicited image was sent to a recipient; policy definitions and exclusions may treat those events differently. 1,2

Who Regulates Insurance in Virginia

Virginia State Corporation Commission, Bureau of Insurance

The Virginia State Corporation Commission, Bureau of Insurance administers Virginia insurance laws, oversees insurers and insurance producers within its authority, and provides regulatory and consumer resources. You can use the department's complaint process to raise an insurance issue and its licensing resources to check insurance professionals. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 2.25% of premium plus up to 0.1% Bureau Special Fund assessment The NAIC's state chart lists a 2.25% of premium plus up to 0.1% Bureau Special Fund assessment charge for surplus-lines coverage for Virginia (the chart's state entries were reviewed in October 2025). Your broker may collect the applicable amount with the premium. Surplus-lines insurers are not licensed in the state and generally are outside state guaranty-association protection; ask your broker to explain the insurer's financial protections and any diligent-search requirement that applies to your placement. 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 Virginia

  1. Can users generate or distribute a recognizable person’s intimate or obscene image without that person appearing in the source material?
  2. Does the product send intimate outputs to recipients who have not consented to receive them, and what controls prevent that?
  3. Does the quote distinguish claims by the depicted person from claims by recipients of unsolicited material, including fees and injunctions?

Generative AI Liability in Virginia: FAQ

Does Virginia require the depicted person to have appeared in the original image? 1

No. Section 18.2-386.2 includes an image created, adapted, or modified to depict an actual recognizable person, even if that person was not in the source image. 1

Does Virginia treat all unsolicited messages as this intimate-image offense? 2

No. Section 8.01-46.2 concerns knowing electronic transmission of an intimate image to an adult recipient who did not consent to receipt or expressly forbade it, and includes defined exclusions. 2

Generative AI Liability in Other States

Other Coverage in Virginia

Sources

  1. Code of Virginia § 18.2-386.2: Unlawful Dissemination or Sale of Images of Another. Virginia General Assembly; § 18.2-386.2(A): prohibited conduct, intent, covered content, and definition of another person that includes modified likenesses. Accessed 2026-09-29.
  2. Code of Virginia § 8.01-46.2: Civil Action for Dissemination of Intimate Images to Another. Virginia General Assembly; Subsections A–D: recipient-consent rule, minimum damages, fees, injunction, service exclusions and venue. Accessed 2026-09-29.
  3. Virginia State Corporation Commission, Bureau of Insurance. Virginia State Corporation Commission, Bureau of Insurance; Official regulator website; insurance oversight and consumer/professional resources. Accessed 2026-09-28.
  4. Insurance Department Directory. National Association of Insurance Commissioners; Virginia State Corporation Commission, Bureau of Insurance entry; official contact and website listing. Accessed 2026-09-28.
  5. Surplus Lines Insurance Premium Taxes. National Association of Insurance Commissioners; VA row; state surplus-lines premium-tax rate reviewed October 2025. Accessed 2026-09-28.
  6. Guaranty Associations & Funds. National Association of Insurance Commissioners; Coverage of claims from insolvencies of insurers licensed in a state; surplus-lines insurers are nonadmitted. Accessed 2026-09-28.
  7. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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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