# European AI Risk Index 2026: Reference List

Published by Future Proof Intelligence.
Date: 2026-06-13.
Version: 1.0.

Every citation used in the Risk Index dataset and the data.html view is listed here with the real instrument, case, or announcement that underlies it. Items marked provisional require independent confirmation before use in published external material.

---

## Regulatory instruments

**ref:1** Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 on laying down harmonised rules on artificial intelligence (Artificial Intelligence Act). Official Journal of the European Union, OJ L, 12 July 2024. Articles cited: 4, 5, 9, 10, 11, 12, 13, 14, 15, 25, 26, 27, 43, 50, 53, 55, 72, 73, 99.

**ref:2** Directive (EU) 2024/2853 of the European Parliament and of the Council on liability for defective products and repealing Council Directive 85/374/EEC. Published in the Official Journal 18 November 2024. Member State implementation deadline: 9 December 2026. Applies to products placed on the market or put into service after the date of transposition in each Member State. AI software, including SaaS and cloud-based AI, is explicitly included within the definition of product.

**ref:7** National competent authority status is drawn from: (a) Germany: German federal cabinet adoption of KI-MIG draft, February 11, 2026, and the Bundesnetzagentur designation; (b) Italy: Law No. 132/2025 enacted October 10, 2025; (c) Netherlands: AI Act uitvoeringswet consultation published April 20, 2026; (d) France: DDADUE bill of November 2025 and subsequent withdrawal of competent authority provisions. For Germany and Italy: official government and legislative records. For Netherlands and France: consultation documents and parliamentary records. (Independent confirmation pending on current legislative status of KI-MIG and French authority designation before citing in published material.)

---

## Case law

**ref:4** Moffatt v. Air Canada, 2024 BCCRT 149. British Columbia Civil Resolution Tribunal, decision dated 14 February 2024. Award: CAD 650.88 damages, CAD 36.14 pre-judgment interest, CAD 125 Tribunal fees. Holding: Air Canada liable for negligent misrepresentation by its chatbot. Operators cannot disclaim chatbot outputs by framing the AI as a separate entity.

**ref:5** Mata v. Avianca, Inc., No. 22-cv-1461 (PKC) (S.D.N.Y. June 22, 2023). Decided by Judge P. Kevin Castel, United States District Court for the Southern District of New York. A single USD 5,000 sanction imposed jointly and severally on attorneys Peter LoDuca and Steven A. Schwartz and their firm Levidow, Levidow and Oberman P.C., payable into the Court Registry. The attorneys were also required to send corrective letters to every judge whose name appeared in the fabricated opinions. The sanction arose from submitting six AI-generated non-existent case citations.

**ref:6** Mobley v. Workday, Inc., Case No. 3:23-cv-00770 (N.D. Cal.). July 2024: agency theory direct liability claim against AI vendor allowed to proceed. May 16, 2025: preliminary collective action certification under the Age Discrimination in Employment Act for applicants over 40 rejected via Workday platform since 24 September 2020. Status as of June 2026: in discovery. No merits ruling issued.

---

## Insurance market milestones

**ref:8** AIUC (Artificial Intelligence Underwriting Company) emergence from stealth, July 23, 2025. USD 15 million seed round. Investors: Nat Friedman (NFDG), Emergence, Terrain, Ben Mann (Anthropic co-founder). Source: AIUC press release and secondary technology press coverage, July 2025. ElevenLabs AIUC-1-backed insurance policy announced February 11, 2026. Over 5,000 adversarial simulations. Source: ElevenLabs and AIUC announcements, February 2026. (Independent confirmation pending on exact carrier identity and precise policy wording before citing in external material.)

**ref:9** Armilla AI. First standalone AI liability policy written at Lloyd's, April 30, 2025, backed by Chaucer. Coverage limits raised to USD 25 million, January 2026. Trustible partnership announced October 8, 2025. Vanguard AI structure with Chaucer launched February 2026. Source: Armilla press releases and Lloyd's market announcements.

**ref:10** Munich Re aiSure. AI performance insurance since 2018, LLM-specific coverage since approximately 2019. Mosaic Insurance partnership announced February 26 to 27, 2026, providing up to USD 15 million capacity in USD, EUR, and CAD. Source: Munich Re and Mosaic press releases, February 2026.

**ref:11** Counterpart affirmative AI coverage launched November 21, 2025. Coverage includes MPL, Allied Health, and new Technology E&O insuring agreement. Backed by Aspen, Markel, Westfield Specialty. Source: Counterpart press release, November 2025. Coalition Deepfake Response Endorsement added December 2025, globally. Source: Coalition press release, December 2025.

**ref:12** AIG, Great American, and WR Berkley restrictions on AI liability under standard E&O, D&O, and cyber policies. Late 2025. Source: industry filings and reinsurance trade press reporting, Q4 2025.

**ref:13** Allianz, AXA, and Zurich: no publicly announced standalone AI liability products as of June 2026. AXA CEO Thomas Buberl, Full Year 2025 earnings call, cited AI transformation of the insurance business. Source: AXA earnings presentation FY2025. Zurich Road to the Global AI Summit Geneva 2027: Zurich insurance communications 2026.

---

## Standards and supervisory instruments

**ref:15** ISO/IEC 42001:2023. Information technology. Artificial intelligence. Management system. Published December 2023 by ISO/IEC. The standard specifies requirements and provides guidance for organisations to establish, implement, maintain, and continually improve an AI management system.

**ref:16** NIST AI Risk Management Framework 1.0 (NIST AI 100-1). National Institute of Standards and Technology, January 2023. Four functions: Govern, Map, Measure, Manage.

**ref:17** NIST AI 600-1, Artificial Intelligence Risk Management Framework: Generative Artificial Intelligence Profile. National Institute of Standards and Technology, July 2024. Twelve named GenAI risk categories.

**ref:18** EIOPA Opinion on AI Governance and Risk Management, EIOPA-BoS-25-360. European Insurance and Occupational Pensions Authority, published 6 August 2025. Addressed to national insurance and pension supervisors. Interprets Solvency II Directive (2009/138/EC), Insurance Distribution Directive (2016/97/EC), DORA (Regulation 2022/2554), and GDPR in the context of AI use by insurance undertakings and intermediaries. Covers fairness and ethics, data governance, documentation and record-keeping, transparency, human oversight, accuracy, robustness, and cybersecurity. Does not introduce new obligations. (Independent confirmation pending on exact title and section numbers before quoting a specific section in running text.)

---

## Methodology documents

**ref:3** Agent Certified methodology v2.0, published April 24, 2026, at agentcertified.eu. Seven canonical dimensions: Trust and Safety (weight 18), Context Integrity (weight 14), Distribution Control (weight 12), Product Maturity (weight 14), Governance (weight 16), AI Integration (weight 12), Autonomy Envelope (weight 14). Total weight: 100. Scoring, floor rule, and tier definitions published at the same source. Lineage maps to Future Proof Certified business framework (internal, investments/certified/methodology.md).

---

## Digital Omnibus note

The provisional political agreement to defer Annex III high-risk obligations from 2 August 2026 to 2 December 2027 (and Annex I obligations from 2 August 2027 to 2 August 2028) was reached between the Council, the European Parliament, and the Commission on 7 May 2026. As of 2026-06-13, formal adoption and publication in the Official Journal of the European Union had not yet occurred. The original dates remain legally binding until formal publication. Monitor the Official Journal for the adopted text. (Confirm OJ publication status at time of any public citation.)

---

## Items requiring independent confirmation before external publication

The following items are used in the dataset with their current best-available form, but each should be independently confirmed by qualified legal counsel or through primary source access before appearing in published external material:

1. Omnibus Regulation: formal OJ publication status and exact effective dates.
2. KI-MIG (Germany): parliamentary approval status.
3. French competent authority designation: DDADUE bill current status and any subsequent decree.
4. AIUC-1 policy: exact carrier identity and precise policy wording for the ElevenLabs February 2026 announcement.
5. Munich Re aiSure higher limits outside the Mosaic partnership (insurer-facing documents not publicly available).
6. GPAI copyright compliance cross-reference: the specific Directive referenced in Art. 53 of the EU AI Act.
7. Tesla Autopilot wrongful death litigation: not included in the dataset pending primary source verification.
8. Proposed AI Liability Directive (2022/0303/COD): Commission withdrew the proposal February 11, 2025. Confirm current status and do not imply the proposal is live.

---

This document is a methodology and assessment framework reference published by Future Proof Intelligence. It is not a government accredited certification body, a licensed insurance provider, or an official EU registry. It is an independent evaluation intended to support organisational risk management and third party due diligence. Consult qualified professionals before making compliance, procurement, or coverage decisions based on it.
