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Generative AI Liability Insurance in Wisconsin

Wisconsin’s 2025 Act 34 adds a “synthetic intimate representation” to its representations-depicting-nudity offense when posted, published, distributed, or exhibited with intent to harass or intimidate. A separate privacy statute allows civil recovery for appropriation of a person’s name, portrait, or likeness for advertising or trade without written consent, making commercial image generation and intimate-image distribution distinct review paths. 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 Wisconsin

  • Wisconsin’s synthetic-image offense requires intent

    Act 34 prohibits posting, publishing, distributing, or exhibiting a synthetic intimate representation of an identifiable person with intent to harass or intimidate. It also expands the nudity representation offense and prohibits making a reproduction of a private representation without consent. Review the actor’s purpose and whether the output reproduces a private source image. 1

  • Wisconsin separately addresses commercial likeness use

    Wis. Stat. § 995.50 provides a privacy claim for using a person’s name, portrait, or picture for advertising or trade without written consent. The statute’s listed exceptions include newsworthy events and public affairs; a license for commercial AI outputs should identify the actual portrait or likeness uses authorized. 2

  • Wisconsin distinguishes creating a reproduction from sharing it

    The 2025 enactment separately addresses making a reproduction of a private representation when the depicted individual did not consent to that reproduction. Intake procedures should record the source image’s privacy context and permission to make derivatives, even before a derivative is published. 1

Who Regulates Insurance in Wisconsin

Wisconsin Office of the Commissioner of Insurance

The Wisconsin Office of the Commissioner of Insurance administers Wisconsin 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: 3% of premium The NAIC's state chart lists a 3% of premium charge for surplus-lines coverage for Wisconsin (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 Wisconsin

  1. Can the model make or share an identifiable person’s synthetic intimate representation, and what purpose is documented?
  2. Does commercial use of a name, portrait, or picture have written authorization for advertising or trade?
  3. Do underwriting questions separate synthetic intimate-image intent from derivative copies of private source images?

Generative AI Liability in Wisconsin: FAQ

Does Wisconsin’s synthetic intimate representation offense require a stated intent? 1

The 2025 law specifies intent to harass or intimidate for the synthetic-representation posting, publishing, distribution, or exhibition offense. 1

What consent does Wisconsin require for certain commercial likeness uses? 2

The privacy statute addresses advertising or trade use of a person’s name, portrait, or picture without written consent. 2

Generative AI Liability in Other States

Other Coverage in Wisconsin

Sources

  1. 2025 Wisconsin Act 34. Wisconsin Legislature; SB 33, signed October 3, 2025; amends Wis. Stat. § 942.09 to include synthetic intimate representations and private-image reproduction. Accessed 2026-09-29.
  2. Wisconsin Statutes § 995.50: Right of privacy. Wisconsin Legislature; Subsection (2)(b): commercial use of name, portrait, or picture; written-consent requirement and exceptions. Accessed 2026-09-29.
  3. Wisconsin Office of the Commissioner of Insurance. Wisconsin Office of the Commissioner of Insurance; Official regulator website; insurance oversight and consumer/professional resources. Accessed 2026-09-28.
  4. Insurance Department Directory. National Association of Insurance Commissioners; Wisconsin Office of the Commissioner of Insurance entry; official contact and website listing. Accessed 2026-09-28.
  5. Surplus Lines Insurance Premium Taxes. National Association of Insurance Commissioners; WI 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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