Generative-AI Exclusions (CG 40 47 / CG 40 48): What to Ask Your Insurer

CG 40 47 and CG 40 48 are optional ISO endorsements, available to insurers from January 2026, that exclude general liability coverage for injury "arising out of generative artificial intelligence." They are general liability forms, not E&O forms, and they apply only if your carrier attaches them to your policy. If you use AI anywhere in your report workflow, ask your agent whether either form, or any AI exclusion on your professional liability policy, is on your renewal, and get the answer in writing.

This page explains what the forms say, according to published summaries checked on 2026-10-07. It is not legal or insurance advice, and nothing here tells you what your own policy covers. Only your policy and your carrier can.

What are CG 40 47 and CG 40 48?

Verisk, which publishes the ISO forms many US carriers build on, introduced three generative-AI exclusion endorsements for optional use from January 2026 (Big I, Verisk to Roll Out New General Liability Exclusions):

• CG 40 47, Exclusion – Generative Artificial Intelligence. For the ISO Commercial General Liability coverage part, occurrence and claims-made versions. It excludes coverage under Coverage A and Coverage B for bodily injury, property damage, or personal and advertising injury "arising out of generative artificial intelligence."
• CG 40 48, Exclusion – Generative Artificial Intelligence (Coverage B). The narrower form: it excludes only Coverage B, personal and advertising injury, arising out of generative AI.
• CG 35 08. The equivalent exclusion for the Products/Completed Operations liability coverage part.

ISO itself says CG 40 47 "purports to be a full exclusion", and policyholder counsel note that "it is uncertain how courts will apply AI exclusions"; they also point out that courts have rejected attempts to treat "arising out of" wording as an automatic bar to any claim with a remote connection to the excluded conduct (Pillsbury, AI Exclusions in Insurance Policies). Their advice to policyholders starts where yours should: scrutinize new policies and negotiate narrower definitions.

Do these forms apply to my E&O policy?

Not these forms. CG 40 47 and CG 40 48 attach to commercial general liability policies. Your report-writing exposure, a claim that your assessment was negligent or wrong, usually sits under professional liability, which is a different policy (SBA, Get business insurance).

That does not make E&O safe by default. The same Pillsbury review notes that some carriers have introduced broad AI exclusions in D&O, E&O and fiduciary liability policies, outside the ISO forms (Pillsbury, AI Exclusions in Insurance Policies). Those are carrier-specific wording, so the only way to know is to read your own policy or ask.

What should I ask my insurer before using AI on reports?

Five questions, in writing, to your agent or carrier:

1. Is CG 40 47, CG 40 48, CG 35 08, or any other AI exclusion attached to my general liability policy, now or at renewal?
2. Does my professional liability (E&O) policy contain any exclusion or limitation that mentions artificial intelligence, machine learning or automated content?
3. If I draft reports with AI assistance and then review, edit and sign them myself, how does the carrier treat a claim arising from that report?
4. Does the carrier require me to disclose AI use to clients, or to keep any particular record of review?
5. If an exclusion applies, is a buy-back endorsement or a different form available, and at what cost?

Keep the answers with your policy documents. The wording of an exclusion, not anyone's summary of it, decides a claim.

What documentation helps if AI use is ever questioned?

The same file that defends any assessment, plus a record that a licensed person made every call. A defensible file ties each finding to an observation, a photo, a reading and a standard (see what documentation protects you in an E&O claim). If AI drafted any of the prose, the extra evidence that matters is the review: that the draft was checked against your field data, edited, and approved by you before it went to the client.

This is how MoldMind is built, and it is all we claim for it. Every report moves from draft to review to approved, and it cannot be sent until you approve it. Your signature and license number sit in the certification block. A reading that was not taken prints as "not recorded" instead of a plausible number. Whether that satisfies a particular policy is a question for your carrier, not for us. See the 44-page sample assessment for what the finished document looks like, and E&O insurance for mold inspectors for the coverage basics.

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