AI Regulations Create New Cyber Insurance Challenges

Nearly half of U.S. states are proposing or adopting artificial intelligence (AI) governance legislation while federal and international regulations continue to evolve, creating significant implications for cyber insurance coverage as organizations deploy AI systems, according to a risk bulletin from Gallagher.
The regulatory environment for AI is becoming increasingly complex across multiple jurisdictions, the report noted.
Colorado has emerged as a frontrunner with its Colorado Artificial Intelligence Act, effective Feb. 1, 2026, which establishes separate responsibilities for AI developers and “deployers,” particularly for high-risk systems affecting employment, financing, health services, housing, and insurance decisions. Developers must maintain accountability for known risks and report algorithmic discrimination, while AI deployers of high-risk systems must implement risk management programs and provide mechanisms for individuals to contest decisions.
Other state-level AI regulations focus primarily on four key areas:
- Consumer protections against algorithmic profiling.
- Employment-related AI use.
- Deceptive media (deepfakes).
- Task forces creation to analyze AI impacts.
“Ultimately, we expect the trajectory of AI regulation to mirror the evolution of recent data privacy laws across the U.S.,” said John Farley, managing director of Gallagher’s Cyber Liability Practice.
At the federal level, more than 100 AI-related bills have been introduced in Congress, with most emphasizing transparency, accountability, and consumer protection, according to the report. Specific industries are receiving targeted attention, with the Federal Trade Commission issuing guidelines on AI transparency and the National Institute of Standards and Technology (NIST) developing crucial governance frameworks.
Industry-specific regulations are also materializing. The Health Insurance Portability and Accountability Act (HIPAA) now includes AI-specific guidelines for health care applications, while the Financial Industry Regulatory Authority (FINRA) has introduced compliance standards requiring financial institutions to implement robust risk management frameworks. Meanwhile, international standards from ISO are addressing AI applications across multiple sectors, focusing on safety, quality control, and ethical use.
New Challenges for Cyber Insurance Coverage
The surge in AI regulations presents significant challenges for organizations seeking comprehensive cyber insurance coverage, according to Gallagher.
As AI systems become integrated into business operations, insurance providers are reconsidering coverage parameters to address AI-specific risks such as algorithmic discrimination and high-risk system failures, the report says.
The scope of potential losses from AI systems extends beyond traditional cyber policies, potentially implicating employment practices liability, product liability, medical malpractice, and directors and officers liability insurance policies, Gallagher noted. This broadening risk landscape requires organizations to reevaluate their entire insurance portfolio rather than focusing solely on cyber coverage.
Some cyber insurers have already begun modifying policy language to restrict or exclude coverage for certain incidents related to regulatory investigations, lawsuits, settlements, and fines stemming from AI use. This trend is likely to accelerate as regulations become more stringent and widespread, the report says.
“Most cyber insurance policies provide free or discounted risk consulting services. These policies may adapt to cover some costs associated for compliance with new AI regulations, including AI risk assessments and reporting requirements,” Farley noted.
A particularly thorny issue involves determining liability between AI system developers and deployers. The Colorado AI Act, for instance, establishes distinct responsibilities for each party, potentially complicating claims adjudication and coverage determinations. As similar legislation spreads, insurance providers and policyholders will need clarity on where responsibilities lie and how coverage applies when multiple parties share liability, according to the report.
Read the full report here. &