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Technology E&O in Colorado

In Van Rees v. Unleaded Software, the Colorado Supreme Court considered a buyer’s web-services and website-design dispute. It allowed tort claims based on alleged pre-contract promises known to be unperformable to proceed as independent of the contracts, but affirmed dismissal of the Colorado Consumer Protection Act claim because the complaint did not allege significant public impact. The CCPA separately allows an injured person suing in the course of business to bring a private action, so a business buyer should ask what makes its dispute public-facing beyond one negotiated services contract. Preserve demos, proposals, capability claims, and contract scope; ask the broker how the proposed form treats alleged inducement, contract breach, and related customer claims. 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 Colorado

  • A Colorado software-services case treated pre-contract promises separately

    The Colorado Supreme Court’s 2016 decision involved contracted-for websites and related services that were not delivered on schedule. It reversed dismissal of tort claims alleging that the provider induced the contract with promises it knew it could not perform, while affirming dismissal of the CCPA claim. The opinion is a fact-specific guide to documenting what was said before signing and what the contract later required. 1

  • A business buyer still faces the CCPA public-impact requirement

    Colorado permits a person injured in the course of business to sue under § 6-1-113(1)(c), but a private CCPA claim also requires significant public impact. In Van Rees, the Colorado Supreme Court affirmed dismissal where the buyer alleged only its own economic loss and no harm or potential harm to identifiable public groups from similar representations. A single buyer should preserve evidence of the vendor’s actual marketing and whether the same capability claims reached other customers; the court did not decide that a technology service dispute can never meet the public-impact test. 2,1

  • A possible tort claim does not settle the policy response

    Van Rees concerns the claims a buyer could plead against a web-services provider, not what a technology E&O policy covers. Ask the broker to compare the policy’s professional-services definition, covered claim and damages wording, contractual-liability exclusion, and treatment of pre-contract statements against your actual proposal and services agreement. 1,2

Who Regulates Insurance in Colorado

Colorado Division of Insurance

The Division administers Colorado insurance laws and regulates insurers and insurance producers. You can search producer licenses through Colorado’s official DORA lookup and send insurance complaints to the Division. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 3% of net premium When Colorado is the insured’s home state, its surplus-lines tax is 3% of taxable premium. The Colorado Surplus Lines Association says insurer or broker fees charged in connection with the placement are included in the tax base; federal or other-state taxes and examination fees are excluded. For multistate risks, a tax-sharing agreement may allocate premium tax to other states. 6,8,7

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 Colorado. 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. 9
  • 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. 10
  • 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. 11
  • RisklyticsRisklytics, Inc.Insurance producer · checked 2026-09-28Risklytics’ licensing page lists its Massachusetts resident agency license plus state license records in Arizona, Colorado, Illinois, Indiana, New Jersey, Ohio, Texas and Washington; it identifies the NPN record date as September 10, 2026. This list is company-published and not a product availability map. 14
  • 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. 15
  • 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. 16

Questions to Ask Before You Buy in Colorado

  1. Do your proposals and demos identify which website, hosting, migration, SEO, or integration outcomes are estimates, assumptions, or firm commitments?
  2. If a Colorado customer alleges that a sales promise was made before signing and differed from the service agreement, which insuring agreement and exclusions would the broker examine?
  3. If the same product or sales practice affects several customers, what policy wording controls related-claim treatment and notice?

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

Does Colorado treat every missed technology-services promise as a consumer-protection claim? 1,2

No. In Van Rees, the Colorado Supreme Court affirmed dismissal of the CCPA claim for failure to allege significant public impact. The court separately allowed certain tort claims based on alleged pre-contract misrepresentations to proceed. 1,2

Can a Colorado business buyer bring a private CCPA claim? 2,1

The statute includes a person injured in the course of business among potential private claimants, but the private claim also requires significant public impact. The statute and case-specific facts must be assessed together. 2,1

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

Other Coverage in Colorado

Sources

  1. Van Rees v. Unleaded Software, Inc., 2016 CO 51, No. 14SC66. Colorado Supreme Court; Opinion issued June 27, 2016; web-related services, website designs, independent pre-contract duty allegations, and dismissal of CCPA claim for inadequate public-impact allegations; full opinion opened. Accessed 2026-09-28.
  2. Colorado Revised Statutes 2024, Title 6, Article 1. Colorado General Assembly, Office of Legislative Legal Services; § 6-1-113(1)(c), private business-injury claimant route; § 6-1-103, public-impact requirement does not apply to Attorney General or district attorney actions; full 2024 Title 6 PDF downloaded and relevant sections extracted. Accessed 2026-09-28.
  3. Colorado Division of Insurance. Colorado Department of Regulatory Agencies; Official insurance regulator homepage; DOI oversight and consumer resources. Accessed 2026-09-28.
  4. DORA Online Services. Colorado Department of Regulatory Agencies; Official DORA online services portal; select Online License Verification and insurance profession. Accessed 2026-09-28.
  5. File a Complaint. Colorado Division of Insurance; Official form and instructions for insurance complaints. Accessed 2026-09-28.
  6. HB23-1111: Unauthorized Insurance Premium Tax Rate. Colorado General Assembly; Enacted bill harmonizes unauthorized insurance tax rate at 3%, effective January 1, 2024; parity with surplus-lines rate. Accessed 2026-09-28.
  7. Frequently Asked Questions. Surplus Lines Association of Colorado; FAQ: Colorado home-state tax; fee charged by insurer or broker in connection with placement included in premium base; qualifying federal/other-state taxes and examination fees excluded; commercial exempt policyholder due-diligence exception. Accessed 2026-09-28.
  8. Colorado Revised Statutes, Title 10 (2024). Colorado General Assembly, Office of Legislative Legal Services; C.R.S. § 10-5-111.5, surplus-lines premium tax and home-state application. Accessed 2026-09-28.
  9. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. About Risklytics. Risklytics; What we do; Who we insure; Licensing; Agency licenses table dated 2026-09-10. Accessed 2026-09-16.
  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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