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Technology E&O in Arkansas

Arkansas’s current Deceptive Trade Practices Act private remedy requires a claimant to prove individually an actual financial loss proximately caused by reliance on an unlawful practice; private class actions under that subsection are barred except for Arkansas Constitution Amendment 89 claims. These requirements make a technology buyer’s contemporaneous record of the sales claim, decision to rely, remediation expense, and measurable financial loss especially useful in a dispute. The rule does not decide ordinary contract remedies or limit the Attorney General’s separate enforcement powers. Ask the broker how the proposed form treats alleged misrepresentation, actual financial loss, and the contract’s allocation of remediation costs. 1,2

What Is Technology Errors And Omissions (E&O)?

Technology errors and omissions coverage can help pay when a customer claims your software, hosting, installation or technology advice caused financial loss. If you provide tech products or services, check each activity; cyber incidents and unrelated professional work need separate review. Read the national Technology errors and omissions (E&O) guide.

What to Watch for in Arkansas

  • The current private remedy requires reliance and proven financial loss

    Ark. Code § 4-88-113(f), as amended in 2017, lets a person who suffers actual financial loss because of reliance on an unlawful practice recover actual financial loss proximately caused by the violation. A claimant must prove that loss individually. Keep the relied-on proposal or demo statement, the purchase decision, and measurable loss records together; alleging that a feature failed does not by itself establish these statutory elements. 1,2,3

  • Private class actions under this subsection are barred, with a narrow exception

    Section 4-88-113(f)(1)(B) bars a private class action unless the claim asserts a violation of Arkansas Constitution Amendment 89. That limit is specific to this statutory private route. It does not eliminate individual statutory claims, contract claims, or the Attorney General’s separate civil-enforcement authority under § 4-88-113(a). 1

  • Build a loss record around the actual service agreement

    For a software, hosted-service, integration, or migration dispute, preserve the exact sales representation, specifications and acceptance criteria, customer reliance, incident timeline, restoration and reimplementation invoices, service credits, and other claimed financial effects. Ask counsel which items could satisfy the statutory test and ask the broker whether the proposed E&O form treats each as covered damages, excluded contractual liability, or another category; the statute does not determine insurance response. 1,2

Who Regulates Insurance in Arkansas

Arkansas Insurance Department

The Arkansas Insurance Department licenses resident and nonresident producers and business entities, accepts insurance complaints, and provides links to company and producer license searches. It operates as a division of the Arkansas Department of Commerce. 4,5,9,6

Surplus-lines tax and stamping office

Reported tax rate: 4% when Arkansas is the insured's home state Arkansas's broker filing instructions set a 4% surplus-lines tax. Federal law assigns nonadmitted-insurance regulation and tax to the insured’s home state; for a multistate policy, ask your broker to show the home state and the premium allocation used for the Arkansas filing. Arkansas law requires the contract to disclose that the state's property-and-casualty guaranty protection does not apply. 7,8,10

Providers With Documented State Licenses

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

  • At-BayAt-Bay Insurance Services LLCInsurance producer, Surplus-lines broker · checked 2026-09-28At-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. 11
  • CoalitionCoalition Insurance Solutions, Inc.Insurance producer, Surplus-lines broker · checked 2026-09-28Coalition’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. 12
  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’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. 13
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’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. 16
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’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. 17

Questions to Ask Before You Buy in Arkansas

  1. Does the contract define measurable acceptance and a process for documenting the customer’s actual remediation cost if a deliverable fails?
  2. Which of your likely customer losses—reimplementation, data restoration, interruption, refunds, or lost transactions—would fall inside the policy’s covered-damages definition?
  3. How should you notify the carrier if the Arkansas Attorney General asks about a marketing claim before a customer files a lawsuit?

Technology Errors And Omissions (E&O) in Arkansas: FAQ

What must a private claimant prove under the current Arkansas deceptive-trade statute? 1,2

Section 4-88-113(f) requires individually proved actual financial loss proximately caused by the claimant’s reliance on an unlawful practice. That is distinct from the Attorney General’s public-enforcement route. 1,2

Can customers bring a private class action under § 4-88-113(f)? 1

The statute bars private class actions under that subsection except when the claim asserts a violation of Arkansas Constitution Amendment 89. The provision does not bar other claim types or individual cases. 1

Technology Errors And Omissions (E&O) in Other States

Other Coverage in Arkansas

Sources

  1. Arkansas Code § 4-88-113, Civil Enforcement and Remedies (2025). Arkansas Code (public statutory text; unofficial online compilation); 2025 text of subsections (a) and (f)(1)–(2), including current private elements, individual proof, class-action restriction, and Attorney General enforcement; full section opened. Accessed 2026-09-28.
  2. Arkansas Act 986 of 2017 (HB 1742). Arkansas General Assembly; § 3 amending Ark. Code § 4-88-113(f); distinguishes 2011 actual-damage-or-injury language from enacted actual-financial-loss/reliance/proximate-cause rule; approved April 7, 2017, effective August 1, 2017. Accessed 2026-09-28.
  3. HB 1742 / Act 986 status record. Arkansas General Assembly; Official legislative history identifies HB 1742 as Act 986 and records the enacted bill; read with the enrolled act text for the amendment’s exact operative rule. Accessed 2026-09-28.
  4. Arkansas Insurance Department. Arkansas Insurance Department; Official agency homepage. Accessed 2026-09-28.
  5. Licensing. Arkansas Insurance Department; Licensing Division guidance and state-based systems lookup for Arkansas agent and agency licensees. Accessed 2026-09-28.
  6. File A Complaint. Arkansas Insurance Department; Online complaint filing for insurance providers, including agents and companies. Accessed 2026-09-28.
  7. Surplus Lines Brokers Filing. Arkansas Insurance Department; Current broker filing instructions state that 4% broker tax must be remitted. Accessed 2026-09-28.
  8. 23 CAR § 201-104: Endorsement of contract. Arkansas Code of Rules; Required surplus-lines contract disclosure: no Arkansas P&C Guaranty Act protection and 4% tax collected from insured. Accessed 2026-09-28.
  9. 15 U.S.C. § 8202: Regulation of nonadmitted insurance by insured's home State. U.S. House of Representatives, Office of the Law Revision Counsel; § 8202(a): nonadmitted placement is subject solely to insured's home-State requirements, except as otherwise provided; § 8201 addresses exclusive home-State tax authority. 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.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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