What Technology E&O Insurance Requirements Apply in Minnesota?

Minnesota Statutes section 604.10 governs economic loss from a sale of goods. Between parties who are each merchants in goods of the kind, economic loss from that sale is not recoverable in tort. Between merchants, economic loss that is not due to damage to tangible property other than the goods sold may not be recovered in tort. Damage to the goods themselves is outside the tort recovery this section allows. The section does not bar fraud or intentional misrepresentation. Section 336.2-719 separately lets a goods contract limit remedies and consequential damages, and it treats a limit on consequential damages for injury to the person in the case of consumer goods as prima facie unconscionable, while a commercial-loss limit is not. A pure services engagement is not decided by these goods statutes. Ask whether the technology contract is a sale of goods before you treat a tort count as available.

What Is Tech E&O Insurance?

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 Should You Watch for With Tech E&O Insurance in Minnesota?

Merchant-to-merchant economic loss stays in contract
Section 604.10(a) says economic loss from a sale of goods between parties who are each merchants in goods of the kind is not recoverable in tort, even when the loss is damage to other tangible property. Subsection (b) says economic loss between merchants that is not due to damage to other tangible property also may not be recovered in tort. If both sides deal in that kind of goods, an E&O claim pleaded only as negligence can fail even though a contract claim remains. Ask whether each party is a merchant in goods of the kind. ¹
Fraud is not closed by the economic-loss section
Subsection (e) says the section shall not be interpreted to bar tort causes of action based upon fraud or fraudulent or intentional misrepresentation, or to limit remedies for those actions. A complaint that adds an intentional-misrepresentation count is outside the tort bar in (a) through (d). Tell the broker about that count separately from a negligent-implementation count, because the policy’s dishonesty or contract exclusions may treat them differently. ¹
Personal-injury consequential damages in consumer goods are hard to waive
Section 336.2-719(3) says consequential damages may be limited or excluded unless the limitation is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable, but limitation of damages where the loss is commercial is not. If an exclusive remedy fails of its essential purpose, subsection (2) says remedy may be had as provided in the chapter. Read the goods contract for an express exclusive remedy before you assume repair-or-replace is the customer’s only path. ²

Which Tech E&O Insurance Providers Have Minnesota License Records?

These providers publish a national listing for Technology 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 Minnesota. 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. ¹¹
At-Bay offers primary and excess technology errors and omissions insurance for businesses with revenue up to $5 billion.
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. ¹²
Coalition offers technology errors and omissions together with Active Cyber coverage for businesses that provide a technology product or service.
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. ¹³
Corgi lists technology errors and omissions insurance for technology products and services.
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. ¹⁶
TechInsurance arranges technology errors and omissions and cyber coverage for technology 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. ¹⁷
Vouch lists technology errors and omissions among the core coverages in its technology-company programs.

Who Regulates Insurance in Minnesota?

Minnesota Department of Commerce

The Minnesota Department of Commerce regulates insurance companies and producers, reviews rates and forms, and investigates complaints. You can use its state lookup or complaint service to check a license or raise an insurance issue. ^3,^4,⁵

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint
Phone: 651-539-1600

Surplus-Lines Tax and Stamping Office in Minnesota

Reported tax rate. 3% of taxable gross premiums less return premiums, plus a 0.04% stamping fee on taxable premium when Minnesota is the insured's home state ^6,^9,^7,^8,¹⁰

When Minnesota is the insured's home state, 3% tax applies to taxable gross premiums less return premiums; the separate 0.04% stamping fee on taxable premium is paid by you to the broker. Minnesota requires a policy warning that insolvency loss payment by a nonadmitted insurer is not guaranteed. A diligent search generally applies unless a Minnesota-licensed producer unaffiliated with the surplus-lines broker refers the risk, which the statute deems unavailable from a licensed insurer; an exempt commercial purchaser also has a separate written-request route after the required admitted-market disclosure.

Minnesota Surplus Lines Association

What Should You Ask Before Buying Tech E&O Insurance in Minnesota?

Is this technology contract a sale of goods, and are both parties merchants in goods of the kind?
Does the complaint allege fraud or intentional misrepresentation, which section 604.10(e) leaves open?
If the product is a consumer good, does the contract limit consequential damages for injury to the person?

Tech E&O Insurance in Minnesota: Frequently Asked Questions

Can a Minnesota merchant sue in tort for economic loss from goods it bought?

Not under section 604.10 if both parties are merchants in goods of the kind. Economic loss from that sale is not recoverable in tort. The section does not bar fraud or intentional misrepresentation. ¹

Can a Minnesota goods contract limit consequential damages?

Section 336.2-719(3) allows a limit unless it is unconscionable. A limit on consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable. A limit where the loss is commercial is not. ²

Sources for Tech E&O Insurance in Minnesota

1
Minn. Stat. § 604.10, Economic loss from the sale of goods. Minnesota Office of the Revisor of Statutes; 2025 Minnesota Statutes § 604.10(a)–(e): merchant economic-loss tort bar and the fraud exception. Accessed 2026-09-29.
2
Minn. Stat. § 336.2-719, Contractual modification of remedy. Minnesota Office of the Revisor of Statutes; Subsections (2) and (3): failure of essential purpose and consequential-damages limits, including consumer goods. Accessed 2026-09-29.
3
Insurance. Insurance; Insurance regulator and consumer resources. Accessed 2026-09-28.
4
Insurance License Lookup. Insurance; State-designated producer/company search. Accessed 2026-09-28.
5
File an Insurance Complaint. Insurance; Insurance complaint topic; filing portal, complaints line, email contact. Accessed 2026-09-28.
6
Minn. Stat. §297I.05. Minnesota Revisor of Statutes; 3% on gross premiums less return premiums when Minnesota is insured's home state; 100% taxable in Minnesota. Accessed 2026-09-28.
7
Instructions for 2026 Semiannual Stamping Fee Report. Minnesota Surplus Lines Association; 2026 report p.1, lines 82–94: stamping fee rate .0004 (0.04%) of policy premium for transactions effective on or after October 1, 2016; current report linked from the association's 2026 site. Accessed 2026-09-28.
8
Minn. Stat. §60A.207. Minnesota Revisor of Statutes; 2025 text, lines 250–255: policy notice states insurer is not otherwise licensed in Minnesota and insolvency loss payment is not guaranteed. Accessed 2026-09-28.
9
Minn. Stat. §297I.01. Minnesota Revisor of Statutes; Definition of gross premiums for nonadmitted insurance includes fees, assessments and other consideration, with stamping fee and operating assessment exclusions. Accessed 2026-09-28.
10
Minnesota Statutes 2025, §60A.201. Minnesota Revisor of Statutes; 2025 Minn. Stat. §60A.201 subd.1 (admitted-market restriction); subd.5 (ECP disclosure and subsequent written request); subd.6 (risk referred by unaffiliated Minnesota-licensed producer deemed unavailable). Amendments listed through 2025. Accessed 2026-09-28.
11
Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
12
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.
13
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.
14
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.
15
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.
16
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.
17
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 Technology E&O Insurance Requirements Apply in Minnesota?

What Is Tech E&O Insurance?

What Should You Watch for With Tech E&O Insurance in Minnesota?

Merchant-to-merchant economic loss stays in contract

Fraud is not closed by the economic-loss section

Personal-injury consequential damages in consumer goods are hard to waive

Which Tech E&O Insurance Providers Have Minnesota License Records?

At-Bay

Coalition

Corgi

TechInsurance

Vouch