Coverage line

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What Generative AI Liability Insurance Requirements Apply in Hawaii?

Hawaii Revised Statutes § 11-303 defines materially deceptive media to include certain AI-created or altered advertising that appears to show a person doing something they did not do; covered election advertisements must carry a disclaimer and the law provides remedies and penalties. Separately, § 711-1110.9 criminalizes specified creation, disclosure, or threatened disclosure of deceptive nude or sexual images without consent and with intent to substantially harm the depicted person.

What Is Generative AI Liability Insurance?

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 With Generative AI Liability in Hawaii

  • Hawaii’s disclaimer rule is tied to election advertising

    Section 11-303’s definition requires an advertisement, a depiction of speech or conduct that did not occur, a reasonable likelihood viewers will believe it, and specified synthetic or digital creation. Keep proof of the advertisement’s use, source media, alteration, and disclosure; a general product watermark does not necessarily meet the statute’s election-ad wording. 1

  • The privacy offense requires a specified harm purpose

    Section 711-1110.9 applies to knowing disclosure or threatened disclosure of an identifiable person nude or engaged in sexual conduct without consent, coupled with intent to substantially harm the person in specified life areas or to act in revenge or retribution. Preserve consent and distribution records for synthetic media rather than treating every generated likeness as a covered offense. 2

  • Creation itself can trigger the privacy statute

    Hawaii’s privacy provision reaches intentional creation of specified deepfake images or video as well as disclosure or threat. Assess image-generation features and user uploads, not only public posting controls; the offense is framed around defined intimate depictions and stated intent requirements. 2

Which Generative AI Liability Providers Have Hawaii License Records?

No provider in our 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.

Who Regulates Insurance in Hawaii?

Hawaiʻi Insurance Division

The Insurance Division oversees insurance companies and producers, examines Hawaiʻi-based insurers, reviews rate and policy filings, and investigates insurance complaints. It is part of the Department of Commerce and Consumer Affairs. 3,4,5

Surplus-Lines Tax and Stamping Office in Hawaii

Reported tax rate. 4.68% of premium when Hawaiʻi is the home state 6,7

Hawaiʻi applies a 4.68% tax when it is the insured’s home state. Surplus-lines coverage is placed with an unauthorized insurer, so do not assume the Hawaiʻi Insurance Guaranty Association protects the policy; confirm the insurer’s status and policy terms with your broker.

Questions to Ask Before You Buy Generative AI Liability in Hawaii

  1. Which of your outputs qualify as advertisements or electioneering communications under § 11-303, and how is the required disclaimer applied?
  2. Can the service detect and block intentional creation as well as disclosure of nonconsensual intimate deepfakes?
  3. Does the quote distinguish state criminal defense costs and election-related civil remedies from ordinary content disputes?

Generative AI Liability Insurance in Hawaii: FAQ

Does Hawaii require a label on every AI-generated item?

The cited § 11-303 applies to materially deceptive media in the statutory advertisement context; its definition does not create a universal labeling duty for all synthetic content. 1

Can a candidate seek relief over a deceptive election advertisement?

Yes. Section 11-303 provides civil remedies to injured parties and criminal penalties for distributing materially deceptive media covered by the section, alongside its disclaimer provisions. 1

Generative AI Liability Insurance Guides for Other States

Other coverage in HawaiiEvery coverage guide for Hawaii, plus the regulator and surplus-lines details.

Sources

14 documents, numbered as cited.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, email The General Average with a supporting source.

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