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AI exclusions in D&O and E&O coverage: What insurers and insureds need to know

By Deepshikha Dutt and Leo Rebello
August 27, 2026
  • Professional Liability
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What happens when the professional judgment your policy was built to protect is no longer entirely human? Artificial intelligence (AI), once a far-fetched idea, now sits at the centre of boardroom strategy. As adoption expands and corporations juggle the use of human and artificial intelligence, the liability exposures also change. Claims, regulatory scrutiny and coverage disputes are increasingly arising in circumstances that many management liability programmes were not originally designed to contemplate. Historically, AI-related exclusions developed in general liability and technology errors and omissions (E&O) forms, however the nature of the risk is shifting.

Today, AI systems inform or influence board-level decisions, professional judgment and regulatory disclosures. Functions that traditionally were reliant on the expertise and judgment on an individual are now often being made with input from various AI platforms. Traditional D&O policy language must therefore account for AI’s role in decision-making and the corporate structures used to govern it.

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Deepshikha Dutt

About Deepshikha Dutt

Deepshikha Dutt is a partner in the Litigation and Dispute Resolution group in Toronto. She also co-leads the National Professional Liability subgroup. Her practice focuses on professional liability, class actions and insurance-related matters, primarily dealing with directors and officers (D&O), and errors and omissions (E&O) liability.

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Leo Rebello

About Leo Rebello

Leo Rebello is an Associate in the Litigation and Dispute Resolution group in Dentons’ Toronto office. He is developing a broad litigation practice with an emphasis on product liability, insurance coverage, and professional liability.

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