Technology E&O Insurance — Policy Feature Checklist

Technology E&O Policy Feature Checklist

What to confirm in a technology e&o policy — what's standard, what's often limited, and what to add if needed — plus the gap most often missed.

Pull out your current Technology E&O policy and check the box next to each feature you can confirm it includes — anything unchecked is worth a quick conversation with your advisor.

Standard should be included · Often limited frequently sublimited or excluded · If needed depends on your operations

Tick each feature you can confirm your policy includes — anything left unticked is a good question for your next policy review.

Confirm?Policy featureWhat to confirmPriority
Breach of Contract and Negligence ClaimsConfirm both are covered — one customer lawsuit usually alleges both, and some forms cover only one.Standard
Enterprise-Wide Products & ServicesConfirm products and services launched after renewal are covered without being scheduled.Standard
Retroactive Date (Prior Acts)Claims-made coverage only reaches work done after the retro date — keep it unchanged when switching carriers.Standard
Contractual Liability Carve-BackLiability you assume by contract is usually excluded; confirm a carve-back for your services and the indemnities you sign.Often limited
Delay or Failure to DeliverMany tech forms exclude late delivery — confirm missed go-live dates and milestones are covered.Often limited
Copyright & Trademark InfringementSoftware copyright claims are often excluded or sublimited; patent claims are almost never covered.Often limited
AI-Related ErrorsSome carriers now exclude AI outputs or decision-making — confirm your AI features are not carved out.Often limited
Liquidated Damages & Service CreditsContract penalties and SLA credits are generally excluded — keep them inside your contract caps.If needed
First-Party Cyber (Separate Policy)Tech E&O pays your customers' losses; your own breach, ransomware, and downtime costs need a cyber policy.If needed

The gap most often missed in this coverage

The gap most often missed in Tech E&O is the customer contract. Policies typically exclude liability you assume by contract, liquidated damages, and promised results, and many exclude late delivery — yet customer agreements often include uncapped indemnities, service credits, and firm go-live dates. Have your broker read the policy against your standard customer agreement, cap your liability in every contract, and confirm both breach-of-contract and negligence claims are covered.

Not sure you have everything on this list?

Send us the checklist and we'll review your technology e&o coverage line by line, then market it across multiple carriers that compete for your account.

Frequently asked questions

What should a technology e&o policy include?

Standard features to confirm in a technology e&o policy include Breach of Contract and Negligence Claims, Enterprise-Wide Products & Services, Retroactive Date (Prior Acts). This checklist also flags the features that are often limited or sublimited and the ones to add if needed, with a plain-English note on each.

Is this checklist insurance advice?

No. It is a free educational tool to help you have a more informed conversation with a licensed professional. It affords no coverage and is not insurance, legal, or financial advice — only your actual policy language governs what is and isn't covered.

Can Cory Washington & Co. review my technology e&o coverage?

Yes. Share your checklist and we'll review your program line by line, market your account across multiple carriers, and explain the trade-offs in plain English. Cory Washington & Co. LLC is licensed in all 50 states.

This checklist is a free educational tool from Cory Washington & Co. to help you review your own coverage and have a more informed conversation with a licensed insurance professional. It is general information only — not insurance, legal, or financial advice, and not a recommendation to buy, change, or cancel any policy. Coverage terms, availability, limits, and requirements vary by policy, carrier, and state, and only the language in your actual policy governs what is and isn’t covered. Checking or leaving blank any item above does not indicate that you are adequately insured or under-insured. Using this checklist does not create a client, agency, or fiduciary relationship. Always consult a licensed professional about your specific situation.

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