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Tech E&O Insurance

Tech errors and omissions (E&O) insurance protects your tech company from the financial fallout of errors, omissions, or negligence in your products or services. It’s essential coverage for technology companies operating in the fast-paced and ever-evolving technology industry. Tech E&O insurance is more than a safety net for technology businesses; it’s a strategic asset.

Reasons for getting tech errors and omissions insurance
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Protects against financial loss due to software failure or service inadequacy.
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Satisfies client contract requirements, providing more opportunities
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Evolves to keep pace with new risks as technology advances

What Is Tech E&O Insurance?

Tech E&O insurance is specialized liability coverage for technology businesses and professionals. It’s invaluable coverage in a sector constantly developing, deploying, and managing digital products and services. Tech E&O responds to protect against claims from software or system failure, data loss, or even the unintended consequences of a technology solution that does not perform as promised.

The core focus of Tech E&O insurance is to safeguard against legal actions that could arise from alleged negligence, errors, or omissions in a tech product or service. In short, it’s a customized version of the traditional errors and omissions or professional liability policy — except that it’s been custom-fitted for tech companies. Tech E&O insurance provides coverage for legal defense costs, settlements, or judgments awarded in various tech-related legal cases.

Who Needs Tech E&O Insurance Coverage?

Any business that operates within the technology sector should consider this coverage. For these professionals and businesses, the risk of causing unintentional harm or failing to deliver as promised can lead to significant legal costs and financial repercussions. Whether it’s a software glitch that leads to client data loss or a system outage causing business interruption, Tech E&O insurance is designed to protect against such liabilities.

Moreover, Tech E&O insurance isn’t just for the big players in the tech industry. Small and medium-sized tech enterprises, including startups, are equally susceptible to these risks. As they strive to innovate and compete, they may not have the extensive resources that larger companies possess to manage and absorb the costs of legal battles or compensation claims.

Software Developers

 Design, create, and maintain software applications and programs.

IT Consultants

Provide expert advice and solutions to businesses regarding their IT infrastructure, systems, and security.

Systems Integrators

Design, implement, and manage complex IT systems that integrate different technologies and applications.

App Developers

Create and develop mobile and web applications for various platforms and devices.

Cloud Computing Companies

Provide cloud-based services, including infrastructure, platforms, and software, to businesses and organizations.

Data Analytics Companies

Collect, analyze, and interpret large datasets to extract meaningful insights and inform business decisions.

Website Designers and Developers

Create, develop, and maintain websites for businesses and individuals.

Cybersecurity Companies

Provide security solutions and services to protect businesses from cyberattacks and data breaches.

IT Contractors

Provide temporary or freelance IT services to businesses on a contractual basis.

Digital Marketing Agencies

Develop and implement digital marketing strategies for businesses to improve their online presence and reach.

E-commerce Businesses

Operate online stores and platforms to sell products or services to consumers.

Fintech Companies

Develop and offer innovative financial products and services using technology.

What Does Tech E&O Insurance Cover?

Tech E&O insurance is a comprehensive coverage plan designed to protect technology companies from a wide range of risks associated with their operations. Primarily, it covers claims arising from errors, omissions, or negligence in the provision of tech services or products. Tech E&O provides financial protection against legal liabilities, including defense costs, settlements, and judgments.

Coverage under Tech E&O insurance typically includes:

Negligence or Errors in Technology Services

Protects against claims of professional negligence or mistakes in the services provided.

Software and Hardware Product Failures

Covers issues arising from the malfunctioning of software or hardware products.

Data Breaches and Cybersecurity Incidents

Provides protection in cases where a tech product or service leads to a data breach or exacerbates a cybersecurity issue.

Intellectual Property Infringement

Addresses claims alleging that a company’s product or service has infringed on intellectual property rights.

Breach of Contract

Covers disputes arising from allegations of failing to meet contractual obligations in technology services or product delivery.

Defamation, Libel, or Slander

Protects against claims of harm caused by statements or representations made by the company.

Loss of Client Data

Offers coverage for incidents resulting in the loss of client data, whether through accidental deletion or system failures.

Project Delays and Overruns

Covers liabilities arising from delays in project completion or budget overruns attributable to technological errors or omissions.

Tech E&O Insurance Policy

Tech errors and omissions insurance covers:

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Alleged negligence in tech
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Legal fees and settlements
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Cybersecurity incidents
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Liability claims

How Can I Manage My Tech E&O Policy?


First, it’s essential to understand the full scope of your policy. Familiarize yourself with the coverage limits, deductibles, and exclusions. Knowing what is and isn’t covered will help you identify potential gaps in your policy and take steps to address them. This might involve purchasing additional endorsements to extend your coverage or electing supporting policies, like cyber liability insurance.

Regularly reviewing and updating your Tech E&O policy is also crucial. As your business grows and evolves, so do your liabilities. New products or services, expansion into different markets, or changes in technology can all affect your risk profile. Schedule annual policy reviews with your insurance provider to discuss any changes in your business and adjust your coverage accordingly.

Finally, implement robust risk management practices within your company. A strong focus on quality control, regular employee training, and maintaining up-to-date cybersecurity measures can significantly reduce the likelihood of claims being made against your Tech E&O policy.

What Does A Tech E&O Policy Not Cover?

A Tech E&O policy, while comprehensive, does not cover every possible risk a technology company might face. There are specific exclusions typically associated with these policies. Understanding these limitations is crucial for tech businesses to ensure they have adequate protection and might seek additional coverage where necessary.

Exclusions in a Tech E&O policy generally include:

Intentional Wrongdoing and Fraud: Deliberate illegal acts or fraud committed by the company or its employees.
Bodily Injury or Property Damage: Claims related to physical harm or damage to property, which are usually covered under general liability insurance.
Patent Infringement: Most Tech E&O policies do not cover patent infringement or intellectual property disputes outside of copyright and trademark issues.
Employment Practices Liability: Issues related to employment practices, such as discrimination, harassment, or wrongful termination.
Costs Beyond Policy Limits: Any costs or damages that exceed the policy's coverage limits.
Known Circumstances or Claims: Claims arising from circumstances or incidents known to the insured before the policy inception.
Contractual Liabilities: Liabilities that arise solely from a contractual agreement, unless the liability would have existed in the absence of the contract.
War and Terrorism: Acts of war and terrorism are typically excluded from standard Tech E&O policies.

Tech E&O Costs

The cost of Tech E&O insurance varies significantly based on several factors, making it difficult to pinpoint a universal price. Typically, the cost is influenced by the size and type of the tech business, the specific services or products offered, the company’s claims history, and the policy’s coverage limits and deductibles.

The geographical location of the business and the regulatory environment can also impact the cost. It’s crucial for tech companies to get quotes and carefully assess the coverage offered to ensure they are getting the best value for their specific needs.

Tech E&O Insurance Claim Examples

 

 

 

A software development company releases a new accounting software. However, due to a critical error in the code, the software miscalculates financial data, leading to significant losses for a client. The client sues the software company for the financial damages incurred, alleging that the software did not perform as promised and was negligently developed. Tech E&O insurance would cover the legal defense costs and any settlements or judgments.

An IT security firm is contracted to implement a cybersecurity system for a client. Despite their efforts, a data breach occurs, exposing sensitive customer information. The client sues the IT firm for negligence and failure to provide adequate security measures as per the agreement. The claim includes costs associated with the breach, such as customer notification, credit monitoring services, and legal expenses. The IT firm’s Tech E&O policy would help cover these costs and provide defense against the lawsuit.

 A technology consulting firm is engaged to integrate a new CRM system within a client’s existing IT infrastructure. The project runs significantly over time and budget due to errors and mismanagement by the consulting firm. As a result, the client faces operational disruptions and additional costs. The client files a claim against the consulting firm for the financial losses resulting from the delayed project completion and additional expenses. The Tech E&O insurance would respond to this claim, covering the legal defense and any compensatory damages awarded to the client.

A software development company releases a new accounting software. However, due to a critical error in the code, the software miscalculates financial data, leading to significant losses for a client. The client sues the software company for the financial damages incurred, alleging that the software did not perform as promised and was negligently developed. Tech E&O insurance would cover the legal defense costs and any settlements or judgments.

An IT security firm is contracted to implement a cybersecurity system for a client. Despite their efforts, a data breach occurs, exposing sensitive customer information. The client sues the IT firm for negligence and failure to provide adequate security measures as per the agreement. The claim includes costs associated with the breach, such as customer notification, credit monitoring services, and legal expenses. The IT firm’s Tech E&O policy would help cover these costs and provide defense against the lawsuit.

 A technology consulting firm is engaged to integrate a new CRM system within a client’s existing IT infrastructure. The project runs significantly over time and budget due to errors and mismanagement by the consulting firm. As a result, the client faces operational disruptions and additional costs. The client files a claim against the consulting firm for the financial losses resulting from the delayed project completion and additional expenses. The Tech E&O insurance would respond to this claim, covering the legal defense and any compensatory damages awarded to the client.

Insurance Brokers For Tech Errors and Omissions Insurance

Founder Shield is a data-driven insurance brokerage serving high-growth, innovative industries. We have a passion for creating and developing innovative risk management products across emerging industries and work hand in hand with clients and underwriters to ensure transparency, efficiency, and reliability every step of the way. Our team has specialized expertise and experience in providing Tech E&O insurance services.

We partner with the leading tech errors and omissions insurance carriers to craft tailored risk management programs for public companies and venture-backed companies preparing for funding rounds. With tech errors and omissions insurance a major budget item, we understand that companies look for new and creative solutions to help manage increasing costs while also securing best-in-class coverage.

Justin Kozak Vice President sq
Justin Kozak

Justin is the market-facing leader at Founder Shield, with eight years invested in the boutique broker and more than a decade in the insurance industry.

 

 

Tech E&O Insurance FAQs

Tech E&O insurance is not legally required but is highly recommended, especially for technology-based businesses. Many clients and partners often require proof of such insurance before engaging in business deals. It provides a layer of financial protection against claims of negligence, errors, or omissions in technology services or products. For tech companies seeking to build trust and credibility in the market, Tech E&O insurance is practically essential.

The amount of Tech E&O insurance needed varies based on your business’s size, scope, and risk level. A good starting point is to evaluate the potential cost of claims and legal fees in your specific tech sector. Small businesses might need policies starting from $1 million, while larger firms or those with higher risk exposure might require more substantial coverage. Consulting with a business insurance broker can help tailor the coverage to your specific needs.

To get Tech E&O insurance, start by researching insurers that specialize in technology-related coverage. Provide detailed information about your business, including services offered, revenue, and any previous claims. A business insurance broker can help compare quotes and policies to find suitable coverage. Once you choose a provider, you’ll need to complete an application, detailing your business operations and risk management practices, to obtain the insurance.

Business Liability Insurance, commonly known as General Liability Insurance, protects businesses against claims of bodily injury, property damage, and personal and advertising injury that occur during business operations. It’s essential for businesses of all sizes, covering legal fees, medical expenses, and settlements. This business insurance is crucial for safeguarding a business from the high costs associated with lawsuits and claims filed by third parties, such as customers or vendors.

Get a Tech E&O Insurance Quote

Finding insurance coverage doesn’t have to be painful. We aim to make the purchasing experience as streamlined & intuitive as possible.

1
Get a quote

Use our custom built online portal to get quotes fast. We automate clerical tasks that plague the traditional insurance brokerages, giving us more time to be responsive and alert to your company’s needs.

1
Get a quote

Use our custom built online portal to get quotes fast. We automate clerical tasks that plague the traditional insurance brokerages, giving us more time to be responsive and alert to your company’s needs.

2
Pair with a specialist

No two organizations are the same. Our team of coverage experts partners with your team to engineer your risk management strategy, together. We take the time to understand the intricacies of your company to get you the best possible coverage.

2
Pair with a specialist

No two organizations are the same. Our team of coverage experts partners with your team to engineer your risk management strategy, together. We take the time to understand the intricacies of your company to get you the best possible coverage.

3
Stay one step ahead

To do better, you need to know better. With changing political, technological, legal and economic landscapes, staying ahead of the curve is critical.

Our in-house team is tapped into the latest developments of your industry, proactively ensuring you’re covered.

3
Stay one step ahead

To do better, you need to know better. With changing political, technological, legal and economic landscapes, staying ahead of the curve is critical.

Our in-house team is tapped into the latest developments of your industry, proactively ensuring you’re covered.

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