At-Bay vs Embroker: How Do They Compare for Tech E&O Insurance?

At-Bay places Tech E&O through its licensed producer for businesses with revenue up to $5 billion, with limits up to $10 million; Embroker’s broker program targets private tech companies under $300 million in revenue.

At-Bay takes bigger companies and bigger limits: tech E&O up to $10 million for up to $5 billion in revenue, with broad IP cover. Embroker sells tech E&O and cyber as one blended policy up to $5 million, for private tech companies under $300 million in revenue, excluding crypto and cannabis. ^1,^5,⁶

What Are the Key Differences Between At-Bay and Embroker Tech E&O Insurance?

$10 Million for Up to $5 Billion Revenue vs $5 Million Under $300 Million

At-Bay publishes tech E&O limits up to $10 million for companies with up to $5 billion in revenue, and writes both primary and excess layers. Embroker’s broker program targets private for-profit tech companies under $300 million in revenue, requires MFA above $5 million in revenue, excludes crypto, blockchain and cannabis businesses, and advertises limits up to $5 million for most agreements. Choose Embroker if you are a smaller private tech company that wants E&O and cyber in one policy; choose At-Bay if you are larger, need more than $5 million, or work in crypto. ¹ ⁶

One Blended Policy With Sub-Limits vs a Separate Tech E&O Line

Embroker sells tech E&O and cyber as a single blended policy, directly and through Embroker Access, with sub-limits for reputational harm, telecom fraud, social engineering, funds transfer fraud and bricking. Its excess tech E&O/cyber can’t sit above its own primary, so an excess layer needs a different insurer underneath. At-Bay keeps tech E&O as its own line, packaged with Stance services the way its InsurSec package supports cyber. ⁵ ⁶ ¹

Broader IP and Contract Wording vs Conflicting IP Language

At-Bay says it expands breach-of-contract cover and extends IP infringement to trade secrets, cybersquatting, deep-linking and source-code license violations. Embroker lists professional negligence, defects, breach of contract and delayed product launch, but its pages conflict on whether copyright and IP infringement are covered. If IP claims worry you, At-Bay documents more, and Embroker’s specimen is the only way to settle it. ¹ ⁵ ⁶

What Should You Confirm in At-Bay and Embroker Tech E&O Insurance Quotes?

Ask Embroker whether you are quoted the blended primary form or an excess layer that needs another insurer underneath. ⁶
Check your revenue, MFA use and industry against Embroker’s rules before applying. ⁶ ¹
Ask Embroker for the specimen language on copyright and IP infringement. ⁵ ¹
Ask At-Bay whether your quote is primary or excess and whether it came through its automated broker platform. ⁶ ¹

At-Bay vs Embroker Tech E&O Insurance Compared

At-Bay vs Embroker: Tech E&O Insurance: documented features by provider

Criteria	At-Bay Tech E&O Insurance	Embroker Technology Errors and Omissions / Cyber Insurance
Limits and Retentions	At-Bay says it writes primary and excess Tech E&O insurance for businesses with revenue up to $5 billion and limits up to $10 million. Through its Broker Platform, brokers can get automated quotes only for businesses up to $100 million in revenue and $3 million in limits. ¹Company-reported. Published appetite ceilings, not guaranteed offers; underwriting and the appetite guide control individual accounts.	Embroker's broker program advertises limits up to $5 million for most insuring agreements, with sub-limits of $1 million for reputational harm and telecommunications fraud, and $500,000 for social engineering, funds transfer fraud and bricking (which includes a $100,000 betterment sub-limit). ⁶Company-reported. Broker Access Coverage Highlights; retail underwriting limits were not separately disclosed on the reviewed retail page. Embroker offers excess Tech E&O/Cyber coverage above a primary policy, but its excess product cannot sit above an Embroker primary policy — buyers need an underlying Tech E&O or Tech E&O + Cyber policy from a different carrier before applying for excess. ⁵Company-reported. Retail 'What is excess Tech E&O / Cyber Insurance?' and 'How to apply' sections; a related excess-specific offering exists for management-liability but is treated separately here.
How to Apply	You apply for At-Bay Tech E&O coverage by emailing a submission to underwriting@at-bay.com or by requesting an automated quote through At-Bay's Broker Platform. ¹Company-reported. Product-page submission instructions; the Broker Platform route is limited to accounts within its lower appetite ceilings.	Embroker offers a direct online quote through its digital platform, and separately appoints brokers through Embroker Access to place the same coverage for their clients. ^5,⁶Company-reported. Retail 'Quick quotes' feature and broker-portal 'Get Appointed' call to action; no quote or appointment was requested during this research.
Coverage Features	At-Bay says its Tech E&O policy expands breach-of-contract coverage beyond a standard technology liability policy, carries no exclusion for breach of warranties, guarantees or consequential damages, and extends intellectual-property infringement coverage to trade-secret misappropriation, cybersquatting, improper deep-linking and source-code license violations, in addition to standard software copyright infringement. ¹Company-reported. Product-page coverage highlights; the issued policy and endorsements control actual terms. At-Bay describes negligence coverage for improper installations, coding errors, data-processing flaws, failed implementations and network outages, plus contractual-indemnity coverage for obligations a technology company owes customers from an alleged wrongful act. It also counts service credits issued to settle a claim as payable damages under the policy. ¹Company-reported. Product-page coverage highlights; the issued policy and endorsements control actual terms.	Embroker lists coverage for cyber liability (data breaches, cyber theft, cyber vandalism), professional negligence from product or tech errors, software or hardware defects, breach of contract, and losses from a delayed product launch. ⁵Company-reported. Retail product-page What's covered section; the issued policy and declarations control.
Role in This Line	At-Bay places Tech E&O insurance through its disclosed producer, At-Bay Insurance Services LLC, which is licensed as an insurance producer in all 50 states. At-Bay says eligible new excess-and-surplus (E&S) Tech E&O business has been written on its own carrier paper, At-Bay Specialty Insurance Company, since August 2023. ^2,³Company-reported. Producer role from the current license page; carrier role from a 2023 transition announcement covering Cyber and Tech E&O together, not confirmed for every current quote.	Embroker sells Tech E&O/Cyber as a single blended policy directly to technology companies and also distributes it through appointed brokers via its Embroker Access broker portal. ^5,⁶Company-reported. Retail and broker-facing page descriptions; not a statement about the issuing insurer.