What Professional Liability (E&O) Insurance Requirements Apply in North Dakota?

North Dakota requires E&O for active real-estate brokers, broker associates, and salespersons; inactive licenses are excepted. The group and equivalent coverage standards include $100,000 per claim and $500,000 annual aggregate per licensee, and an equivalent-coverage certificate must reach the Commission by 5 p.m. on the policy expiration date.

What Is Professional Liability (E&O) Insurance?

Professional liability can help pay defense costs and covered losses when a client says your advice or service caused financial harm. If customers rely on your work, list every service you provide and check the claims-made reporting and prior-work terms. Read the national Professional errors and omissions (E&O) guide.

North Dakota Professional Liability (E&O) Insurance Requirements

Requirement	Details
Minimum limit per licensee	$100,000 per occurrence or claim; investigation and defense costs outside this limit ²
Minimum annual aggregate	$500,000 per licensee ²
Maximum deductible	$1,000 per occurrence for liability plus $1,000 maximum additional deductible for defense/investigation ²

What to Watch for With Professional Liability (E&O) in North Dakota

File Equivalent Proof by 5 p.m. on Expiration Day
A licensee using coverage outside the Commission group plan must file a signed equivalent-coverage certification by 5 p.m. on the current policy’s expiration date. If it arrives late, the license becomes inactive that day and you cannot perform licensed activity until proof is filed and the license activated. ^2,¹
Check the Resident-State Program Exception
A person who resides in a state with a mandatory E&O program and is also licensed in North Dakota meets the North Dakota insurance requirement by proving compliance with the resident state’s program. Ask the Commission to confirm whether your home-state policy and license records satisfy this condition. ²
Compare the Group Tail and Prior-Acts Terms
The group policy minimum includes a 90-day extended reporting period and an option to buy three additional years; prior acts must be offered when you maintained continuous past coverage. If you leave the group plan, have the new carrier confirm the retroactive date and whether it will honor North Dakota’s required terms. ²
Do Not Treat an Inactive License as Active Authority
The statute excepts inactive licenses from the E&O mandate, while the rule requires proof before an inactive license can be activated. If you pause coverage, coordinate license status and reactivation before taking any activity that requires a North Dakota real-estate license. ^1,²

Providers With North Dakota License Records

These providers publish a national listing for Professional errors and omissions (E&O); the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in North Dakota. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

At-Bay
Insurance producer, Surplus-lines broker · checked 2026-09-28
At-Bay Insurance Services LLC
At-Bay’s license page lists P&C producer and surplus-lines broker license numbers for all 50 states and the District of Columbia. These are company disclosures and do not establish product availability in each jurisdiction. ¹⁰
At-Bay offers primary miscellaneous professional liability insurance.
Coalition
Insurance producer, Surplus-lines broker · checked 2026-09-28
Coalition Insurance Solutions, Inc.
Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. ¹¹
Coalition offers miscellaneous professional liability as an addition to eligible Active Cyber policies.
Corgi
Insurance producer · checked 2026-09-28
Corgi Insurance Services, Inc.
Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. ¹²
Corgi lists miscellaneous errors and omissions coverage for service-based businesses.
ERGO NEXT Insurance
Insurance producer · checked 2026-09-28
Next First Insurance Agency, Inc.
ERGO NEXT’s current license table lists Next First Insurance Agency, Inc. in 50 jurisdictions, including Washington, DC; New York is excluded because its table rows name Next Insurance Services and AP Intego, not Next First. The table is company-reported; it does not establish product availability or provide state-regulator verification for each entry. ¹⁴
ERGO NEXT lists professional liability insurance, also called errors and omissions insurance.
Hiscox
Insurer · checked 2026-09-28
Hiscox Insurance Company Inc.
Hiscox’s U.S. company information states that Hiscox Insurance Company Inc. is licensed in all 50 states and the District of Columbia. This is company-reported insurer authority for this entity and does not establish which company issues every Hiscox-branded product. ¹³
Hiscox offers professional errors and omissions insurance for small businesses.
TechInsurance
Insurance producer · checked 2026-09-28
Specialty Program Group LLC
TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. ¹⁵
TechInsurance arranges professional errors and omissions insurance for small businesses.
Vouch
Insurance producer, Surplus-lines broker · checked 2026-09-28
Vouch Specialty Insurance Services, LLC
Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. ¹⁶
Vouch lists errors and omissions among the core coverages in its professional-services programs.

Who Regulates Insurance in North Dakota?

North Dakota Insurance Department

The North Dakota Insurance Department regulates insurers and producers, provides licensing and company searches, and investigates insurance complaints to assess compliance with state law and policy terms. ^4,^5,⁶

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint
Phone: 701-328-2440

Surplus-Lines Tax and Stamping Office in North Dakota

Reported tax rate. 1.75% of gross premium, assessments and policy fees, less return premium, when North Dakota is home state ^7,^8,⁹

When North Dakota is the insured’s home state, the 1.75% tax applies to the entire gross premium, assessments, membership and subscriber fees, and policy or service fees on multistate policies, less return premium. North Dakota permits independent procurement only under separate statutory conditions; the policyholder should confirm whether a licensed broker placement or independent procurement applies. Nonadmitted insurers generally do not participate in state guaranty funds.

Questions to Ask Before You Buy Professional Liability (E&O) in North Dakota

Will I use the Commission’s group plan or file an equivalent-coverage certificate for my own policy?
Who is responsible for submitting my certificate by 5 p.m. on the expiration date?
Do I qualify for the resident-state mandatory-program provision, and what proof does the Commission require?
Does my replacement policy preserve prior acts and include the North Dakota extended-reporting terms?

Professional Liability (E&O) Insurance in North Dakota: FAQ

Does North Dakota require E&O for real-estate licensees?

Yes. Active brokers, broker associates, and salespersons must provide E&O proof; inactive licenses are excepted. The statute also allows the requirement not to apply for a year if the Commission cannot obtain coverage at a reasonable premium. ^1,²

When must a North Dakota agent file proof of independent E&O coverage?

The equivalent-coverage certificate must be filed by 5 p.m. on the policy expiration date. If it is late, the Commission places the license on inactive status that day. ²

Sources for Professional Liability (E&O) Insurance in North Dakota

1
North Dakota Century Code Chapter 43-23, State Real Estate Commission. North Dakota Legislative Branch; §§ 43-23-19 through 43-23-23; active/inactive scope, independent or group plan, annual certificate and reasonable-premium exception; current code opened September 28, 2026. Accessed 2026-09-28.
2
North Dakota Administrative Code Chapter 70-02-05, Errors and Omissions Insurance. North Dakota Legislative Branch; Rules 70-02-05-01-.13; current published official chapter, substantive limit/history in .03 and .07 last amended effective July 1, 2022; .08 certification deadline. Accessed 2026-09-28.
3
North Dakota Administrative Code, Title 70-02. North Dakota Legislative Branch; Current code index identifies Chapter 70-02-05 as Errors and Omissions Insurance. Accessed 2026-09-28.
4
North Dakota Insurance Department. North Dakota Insurance Department; Official department homepage; identifies regulation of insurance and consumer/business assistance. Accessed 2026-09-28.
5
Print License / Search for an Agent. North Dakota Insurance Department; Official licensing page directs the public to current SBS public lookup for agent status, license number, lines and appointments; linked public lookup is up to date. Accessed 2026-09-28.
6
Complaints. North Dakota Insurance Department; Official complaint process; Department reviews compliance with insurance laws and policy coverage; directs online filings to state-specific SBS complaint form. Accessed 2026-09-28.
7
Surplus Lines. North Dakota Insurance Department; Current official page: ND home-state rate 1.75% on total premium including assessments and policy fees for multistate coverage; explains home-state allocation and nonadmitted insurer guaranty status. Accessed 2026-09-28.
8
N.D.C.C. Chapter 26.1-44, Surplus Lines Insurance. North Dakota Legislative Branch; §26.1-44-03.1 sets 1.75% tax base, home-state rule, fee inclusion, return premiums; §§26.1-44-08 and related provisions cover placements. Accessed 2026-09-28.
9
Surplus Lines. North Dakota Insurance Department; Official page states nonadmitted insurers generally do not participate in state-created insurance guaranty funds. Accessed 2026-09-28.
10
Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
11
Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
12
Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
13
About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
14
Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
15
Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
16
Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

What Professional Liability (E&O) Insurance Requirements Apply in North Dakota?

What Is Professional Liability (E&O) Insurance?

North Dakota Professional Liability (E&O) Insurance Requirements

What to Watch for With Professional Liability (E&O) in North Dakota

File Equivalent Proof by 5 p.m. on Expiration Day

Check the Resident-State Program Exception

Compare the Group Tail and Prior-Acts Terms

Do Not Treat an Inactive License as Active Authority

Providers With North Dakota License Records

At-Bay

Coalition

Corgi

ERGO NEXT Insurance

Hiscox

TechInsurance

Vouch