A cosmetic surgery clinic in Germany let a chatbot answer visitors' questions and book appointments. Asked about the two doctors who run the company, the chatbot described both as specialists in plastic and aesthetic surgery, a title neither holds. The clinic switched the chatbot off. On May 12 the Higher Regional Court of Hamm ordered it to stop anyway, treating the invented credentials as the company's own misleading advertising under German competition law.
The two directors had argued that they could not answer for the chatbot, because it produces its replies from probability calculations rather than from any decision of theirs. The court found that a business which puts a chatbot on its own website carries the risk of what that chatbot invents.
Air Canada tried a version of the same defense in 2024 and lost. Its chatbot told a passenger, Jake Moffatt, that he could apply for a bereavement fare refund after flying, a policy the airline did not have. Air Canada argued the chatbot was a separate entity responsible for its own actions. British Columbia's Civil Resolution Tribunal rejected that and awarded Moffatt CAN$812.02.
The same reasoning applies to any business running a customer-facing chatbot: the vendor sold the model, and the customer never dealt with the vendor. The promise came from the party the customer was talking to, and that party holds the contract.
Standard business cover was written before chatbots invented facts, and carriers are rewriting it. The trade publication Business Insurance USA names the two new endorsements, CG 40 47 and CG 40 48, in effect since January 2026, that let a carrier exclude generative AI claims from an ordinary commercial general liability policy.