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Technology E&O Insurance in Maryland

Commercial Law §22-803, part of Maryland’s Uniform Computer Information Transactions Act, lets an agreement add, substitute, limit, or alter remedies for a computer-information contract, including a limit to return of copies and repayment of the fee or to repair or replacement. Consequential and incidental damages may be limited unless the limit is unconscionable. A limit on consequential damages for personal injury in a consumer contract for a computer program contained in consumer goods is prima facie unconscionable. A limit on commercial loss is not. If that personal-injury claim is also a noneconomic-damages case, Courts and Judicial Proceedings §11-108 still caps the noneconomic award by the year the cause arises, starting from $500,000 for causes on or after October 1, 1994, plus $15,000 each October 1 beginning in 1995. Ask the broker which of those contract limits the E&O form actually follows. 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 Maryland

  • An exclusive repair remedy can reopen other UCITA remedies if it fails

    Subsection (b) says that if performance of an exclusive or limited remedy causes it to fail of its essential purpose, the aggrieved party may pursue other remedies under the title, subject to subsection (c). A software contract that promises only repair or replacement does not, by that sentence alone, end the customer’s remedies when the fix never works. Subsection (c) adds that failure or unconscionability of the exclusive remedy knocks out a separate consequential-damages disclaimer unless the agreement expressly makes that disclaimer independent of the agreed remedy. Ask counsel whether the disclaimer is written as independent. 1

  • Personal-injury consequential damages in consumer-goods software are presumptively unconscionable to waive

    Section 22-803(d) draws a line inside computer programs. Exclusion of consequential damages for personal injury in a consumer contract for a computer program that is subject to the title and contained in consumer goods is prima facie unconscionable. Exclusion of damages for a commercial loss is not unconscionable. A business-to-business implementation and a consumer device with embedded software do not share that presumption. Identify which contract you signed. 1

  • A personal-injury award still faces the year-by-year noneconomic cap

    Section 11-108 limits noneconomic damages in personal-injury and wrongful-death actions. For a cause arising on or after October 1, 1994, the limitation starts at $500,000 and increases by $15,000 on each October 1 beginning in 1995. The jury is not told the limitation. Wrongful death with two or more claimants uses 150 percent of the limitation. The cap does not include punitive damages. An E&O limit and this statutory ceiling answer different questions: what the policy pays, and what a noneconomic judgment may be. 2

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

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 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. 6,7

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 Maryland. 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. 8
  • 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. 9
  • 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. 10
  • 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. 13
  • 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. 14

Questions to Ask Before You Buy in Maryland

  1. Does the contract make any consequential-damages waiver independent of the exclusive remedy, as §22-803(c) requires if that remedy fails?
  2. Is this a consumer contract for a computer program contained in consumer goods, or a commercial-loss contract?
  3. If bodily injury is alleged, which October-to-September band of §11-108 applies to the cause of action?

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

Can a Maryland software contract waive consequential damages? 1

Section 22-803(d) allows an agreement to exclude or limit consequential and incidental damages unless the exclusion is unconscionable. A limit on consequential damages for personal injury in a consumer contract for a computer program contained in consumer goods is prima facie unconscionable. A limit on commercial loss is not. 1

Does the noneconomic-damages cap apply to a software personal-injury claim? 2

Section 11-108 applies to personal-injury and wrongful-death actions. It limits noneconomic damages based on when the cause arises and does not define that category to include punitive damages. It does not decide whether a particular software dispute is a personal-injury action. 2

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

Other Coverage in Maryland

Sources

  1. Md. Commercial Law §22-803, Contractual modification of remedy. Maryland General Assembly; UCITA remedy limits, failure of essential purpose, and the consumer computer-program consequential-damages rule. Accessed 2026-09-29.
  2. Md. Courts and Judicial Proceedings §11-108, Noneconomic damages. Maryland General Assembly; §11-108(b) and (d): year-based noneconomic limitation and the rule that the jury is not informed. Accessed 2026-09-29.
  3. Maryland Insurance Administration. Maryland Insurance Administration; Homepage and consumer contact. Accessed 2026-09-28.
  4. Insurance License Lookup. Maryland Insurance Administration; State-designated producer/company search. Accessed 2026-09-28.
  5. File an Insurance Complaint. Maryland Insurance Administration; State complaint process and contact. Accessed 2026-09-28.
  6. Md. Code, Insurance §3-324. Maryland General Assembly; Insurance §3-324(a)-(b), (d)-(f): government-risk exclusion; 3% of gross premiums less returns; entire-premium home-state basis from July 21, 2011, with tax charged in addition. Accessed 2026-09-28.
  7. Maryland Insurance Article (2026). Maryland General Assembly; Insurance §9-303(5), (7): surplus-lines and unauthorized insurers excluded from property and casualty guaranty subtitle; 2026 Insurance Article PDF. Accessed 2026-09-28.
  8. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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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