
What Intellectual Property Insurance Requirements Apply in Maryland?
Maryland treats a trade secret as information with independent economic value from secrecy and reasonable efforts to preserve it. Have an inventory of protected information and access controls ready when you discuss underwriting.
What Is Intellectual Property Insurance?
Intellectual property insurance comes in two separate parts: defense, when you're accused of infringing a patent, trademark or copyright, and enforcement, when you pursue someone who copied yours. A defense-only quote doesn't pay for your own lawsuit, so ask for each part you need. Read the national Intellectual property guide.
What to Watch for With Intellectual Property in Maryland
Match the State Rule to Your Coverage
Maryland treats a trade secret as information with independent economic value from secrecy and reasonable efforts to preserve it. Have an inventory of protected information and access controls ready when you discuss underwriting. 2
Plan for the State Remedy
Maryland law makes disclosure of a secret acquired by accident or mistake actionable when the recipient knows of the mistake before materially changing position. Ask whether the policy addresses claims involving vendors who receive information unintentionally. 2
Check the Policy Against the Claim
Maryland permits damages for actual loss and unjust enrichment, or a reasonable royalty where those measures are inadequate. Ask how the policy handles negotiated licenses and settlements as well as courtroom judgments. 2
Which Intellectual Property Providers Have Maryland License Records?
No provider in our research has both a state license record and a listing for this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.
Who Regulates Insurance in Maryland?

Maryland Insurance Administration
The Maryland Insurance Administration licenses producers and insurers, reviews rates and forms, and investigates complaints about insurance companies and producers. You can use its state lookup or complaint service to check a license or raise an insurance issue. 3,4,5
Surplus-Lines Tax and Stamping Office in Maryland
Reported tax rate. 3% of gross premiums less returned premiums when Maryland is the insured's home state; excludes risks of Maryland and its political subdivisions 6,7
When Maryland is the insured's home state, the tax is 3% of gross premiums less returned premiums, except insurance of risks of the State or a political subdivision. For policies effective on or after July 21, 2011, Maryland taxes the entire premium and the broker must charge the tax in addition to premium. Maryland's property and casualty guaranty corporation excludes surplus-lines policies.
Questions to Ask Before You Buy Intellectual Property in Maryland
- Will this policy cover a threatened trade-secret claim under Maryland law before a lawsuit is filed?
- Do defense costs reduce the limit available for a royalty settlement or damages?
- What records should we preserve to establish when a suspected Maryland misappropriation was discovered?
Intellectual Property Insurance in Maryland: FAQ
What is the key Maryland rule for a trade-secret claim?
Maryland treats a trade secret as information with independent economic value from secrecy and reasonable efforts to preserve it. Have an inventory of protected information and access controls ready when you discuss underwriting. 2
How should I handle a suspected intellectual-property claim in Maryland?
Notify the insurer promptly and preserve the first demand, access logs, agreements, and discovery date. Maryland permits damages for actual loss and unjust enrichment, or a reasonable royalty where those measures are inadequate. Ask how the policy handles negotiated licenses and settlements as well as courtroom judgments. The federal Defend Trade Secrets Act is a separate claim with its own filing period. 2,1
Intellectual Property Insurance Guides for Other States
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Other coverage in MarylandEvery coverage guide for Maryland, plus the regulator and surplus-lines details.


