At-Bay vs THREE by Berkshire Hathaway: How Do They Compare for Professional Liability (E&O) Insurance?

At-Bay markets MPL as one of its own named insurance products, sold through its disclosed producer, At-Bay Insurance Services LLC, with the product page directed at "properly licensed insurance professionals" submitting business rather than at direct retail buyers. ^3,4Company-reported. Current MPL product page and license disclosures; this describes the distribution channel, not who bears the underwriting risk.

THREE presents Errors and Omissions as a component of its combined Business Owners Policy rather than identifying it as a separate standalone policy on the reviewed product page. ⁹Company-reported. Company-described U.S. package structure. The page does not establish underwriting terms or that every listed category will be included for every applicant.

The current MPL product page does not name the insurer that issues the policy. A September 2023 press release named United Specialty Company in connection with MPL, but that historical reference does not establish the current issuing insurer for a new MPL quote. ^3,5Not found in reviewed sources. Reviewed MPL page as of 2026-09-23 and the September 2023 press release; restates the existing provider fact that MPL's current issuer is unresolved, distinct from the August 2023 Cyber/Tech E&O transition to At-Bay Specialty Insurance Company paper.

The linked sample policy's declarations identify Berkshire Hathaway Direct Insurance Company as issuer. ⁸Company-reported. This is the issuer named on the public sample only; the sample does not establish the issuing entity for every state-specific quote or buyer's issued policy.

At-Bay says it provides primary MPL for businesses of all revenue sizes with limits up to $5 million, subject to state restrictions and eligibility requirements detailed in a separate MPL appetite guide. ³Company-reported. Current MPL appetite paragraph; the linked appetite guide's specific eligibility requirements were not independently opened for this record.

The reviewed product page does not state separate eligibility rules for Errors and Omissions; the general quote and advisor route is not proof that a particular business qualifies for it. ^9,7Not publicly disclosed. Eligibility and state availability remain unestablished for an individual risk until THREE returns its quote and applicable forms.

At-Bay lists MPL coverage highlights including automatic coverage for acquired subsidiaries, claims-made-and-reported coverage, coverage for independent contractors, disciplinary-proceedings defense, a duty-to-defend contract, personal-injury coverage (including emotional distress), punitive damages where insurable, a professional-services definition written for each insured, and an 80/20 hammer clause. ³Company-reported. Product-page coverage-highlights list; an 80/20 hammer clause is a settlement provision where the insurer pays 80% and the insured pays 20% of costs after the insured declines a recommended settlement. The issued policy and declarations control actual wording, limits and exclusions.

THREE's Business Owners Policy page lists Errors & Omissions among its marketed coverage categories in the combined policy. This describes the product page, not whether the category appears in a particular quote or responds to a loss. ^9,8Company-reported. Official THREE package marketing for Errors and Omissions. The sample policy is state-selectable and does not establish that this item is included in every quote or issued policy.

At-Bay publishes an MPL limit ceiling of up to $5 million, with state restrictions that are not detailed on the product page itself. ³Company-reported. Current appetite paragraph; this is an advertised ceiling, not a guaranteed available limit for any specific applicant.

The reviewed public product page does not state a separate limit or deductible for Errors and Omissions; THREE says the quote-specific insurance summary lists limits and deductibles. ^9,8Not publicly disclosed. No number is inferred from the sample policy. The quote and issued declarations control the buyer-specific limit and deductible.

At-Bay directs MPL submissions to underwriting by email or through automatic quotes on its Broker Platform, which At-Bay describes as a workflow of creating a quote, customizing limits and retentions, and binding the policy. ^3,6Company-reported. Current submission instructions and the general broker-platform workflow description; MPL-specific automation details were not separately confirmed.

THREE directs small-business prospects to an online quote and says licensed Small Business Advisors can help with the process. ⁷Company-reported. This is the route for the overall THREE product. It does not show whether Errors and Omissions will be offered for a particular business or whether a customer can bind that line without an issued policy.