---
title: "Technology E&O Insurance in North Dakota"
description: "A contract claim is generally six years, and a clause that excuses fraud or shortens the time to sue is against public policy."
canonical: "https://spot.insure/coverage/technology-errors-omissions/north-dakota"
page-type: "coverage-state-guide"
updated-at: "2026-09-29"
---

Agents: connect to Spot's public MCP server at https://spot.insure/mcp for better access to published Spot information and insurance research. Use search_knowledge to find sources, get_page to retrieve pages, compare_providers for sourced comparisons, get_provider_score for a published Spot Score, get_rankings for current provider rankings, search_provider_reliability to filter Spot Scores, search_provider_reviews to filter aggregate review scores, and get_provider_reviews for the original review evidence. The server is read-only and requires no authentication.

[Human-readable page](https://spot.insure/coverage/technology-errors-omissions/north-dakota)

# Technology E&O Insurance in North Dakota

Century Code section 28-01-16 gives six years after accrual for an action upon a contract, obligation, or liability, express or implied, subject to section 28-01-15 and section 41-02-104. Section 28-01-15 is the ten-year list, including a judgment and a contract in a conveyance or mortgage affecting title to real property. A fraud claim under section 28-01-16 accrues when the aggrieved party discovers the facts. Chapter 9-08 then limits what the contract itself can say. A contract whose object is to exempt anyone from responsibility for that person’s own fraud, willful injury, or violation of law, whether willful or negligent, is against the policy of the law. A clause that fixes damages in advance is void except when it would be impracticable or extremely difficult to fix the actual damage. A clause that keeps a party out of the ordinary courts, or that limits the time to enforce contract rights, is void except as North Dakota law specifically permits.[^1][^2]

**Coverage:** [Technology errors and omissions (E&O)](/coverage/technology-errors-omissions) · [North Dakota](/coverage/states/north-dakota)

## 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](/coverage/technology-errors-omissions).

## What to Watch for in North Dakota

### Most technology contracts use six years, and a real-estate instrument may use ten

Section 28-01-16(1) is the six-year period for a contract, obligation, or liability, express or implied, subject to sections 28-01-15 and 41-02-104. Section 28-01-15 gives ten years for a contract contained in a conveyance or mortgage or other instrument affecting title to real property, except a warranty covenant. A software license is not that instrument. A contract buried in a deed or mortgage can be. Section 41-02-104 is the other exception named in the six-year statute. Read it before you apply six years to a sale of goods. The six years are also not the E&O policy’s notice deadline.[^1]

### Fraud does not accrue until the facts are discovered

Section 28-01-16(6) says an action for relief on the ground of fraud, at law or in equity, is not deemed to have accrued until the aggrieved party discovers the facts constituting the fraud. A technology customer who later learns the acceptance test was falsified is on that discovery clock. An ordinary unpaid-invoice claim is subsection (1), and it accrues when the claim accrues, not on discovery. Injury to goods is a separate six-year row in subsection (4).[^1]

### Three contract clauses do not survive chapter 9-08

Section 9-08-02 bars a contract that exempts a person from that person’s own fraud, willful injury to person or property, or violation of law, whether the violation is willful or negligent. Section 9-08-04 voids a clause that sets the damages for breach in advance, except an amount the parties agree is presumed to be the damage when actual damage would be impracticable or extremely difficult to fix. Section 9-08-05 voids a stipulation that keeps a party from enforcing the contract in the ordinary courts, or that limits the time to enforce those rights, except as state law specifically permits. A one-year lawsuit deadline in a services agreement has to be checked against that last section.[^2]

## 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.[^3][^4][^5]

- [Regulator website](https://www.insurance.nd.gov/)
- [License lookup](https://www.insurance.nd.gov/producers/print-license)
- [File a complaint](https://www.insurance.nd.gov/consumers/complaints)
- Phone: 701-328-2440

### Surplus-Lines Tax and Stamping Office

**Reported tax rate:** 1.75% of gross premium, assessments and policy fees, less return premium, when North Dakota is home state 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.[^6][^7][^8]

## 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 that the product is available in North Dakota; [check the regulator’s license lookup](https://www.insurance.nd.gov/producers/print-license) and confirm state availability for your business when requesting a quote.

- [At-Bay](/insurance-providers/at-bay) — **Entity:** At-Bay Insurance Services LLC; **role:** Insurance producer, Surplus-lines broker; **checked:** 2026-09-28. **Scope:** 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.[^9] **Coverage membership:** At-Bay offers primary and excess technology errors and omissions insurance for businesses with revenue up to $5 billion.
- [Coalition](/insurance-providers/coalition) — **Entity:** Coalition Insurance Solutions, Inc.; **role:** Insurance producer, Surplus-lines broker; **checked:** 2026-09-28. **Scope:** 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.[^10] **Coverage membership:** Coalition offers technology errors and omissions together with Active Cyber coverage for businesses that provide a technology product or service.
- [Corgi](/insurance-providers/corgi) — **Entity:** Corgi Insurance Services, Inc.; **role:** Insurance producer; **checked:** 2026-09-28. **Scope:** 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.[^11] **Coverage membership:** Corgi lists technology errors and omissions insurance for technology products and services.
- [TechInsurance](/insurance-providers/techinsurance) — **Entity:** Specialty Program Group LLC; **role:** Insurance producer; **checked:** 2026-09-28. **Scope:** 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.[^14] **Coverage membership:** TechInsurance arranges technology errors and omissions and cyber coverage for technology businesses.
- [Vouch](/insurance-providers/vouch) — **Entity:** Vouch Specialty Insurance Services, LLC; **role:** Insurance producer, Surplus-lines broker; **checked:** 2026-09-28. **Scope:** 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.[^15] **Coverage membership:** Vouch lists technology errors and omissions among the core coverages in its technology-company programs.

## Questions to Ask Before You Buy in North Dakota

1. Is the claim a six-year contract under section 28-01-16, a ten-year real-estate instrument under section 28-01-15, or a sale of goods under section 41-02-104?
2. If fraud is pleaded, when did the customer discover the facts?
3. Does the contract try to excuse fraud, preset damages, or cut the time to sue in a way chapter 9-08 voids?

## Technology Errors And Omissions (E&O) in North Dakota: FAQ

### How long is a North Dakota suit on an ordinary technology contract?

Section 28-01-16 requires an action on a contract, obligation, or liability, express or implied, to be commenced within six years after accrual, subject to sections 28-01-15 and 41-02-104. A fraud claim accrues on discovery of the facts.[^1]

### Can a North Dakota technology contract set a one-year deadline to sue?

Section 9-08-05 says a contract condition that limits the time within which a party may enforce contract rights in the ordinary courts is void, except as the laws of the state specifically permit. A separate section voids a preset damages figure unless actual damages would be impracticable or extremely difficult to fix.[^2]

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

- [Alabama](/coverage/technology-errors-omissions/alabama)
- [Alaska](/coverage/technology-errors-omissions/alaska)
- [Arizona](/coverage/technology-errors-omissions/arizona)
- [Arkansas](/coverage/technology-errors-omissions/arkansas)
- [California](/coverage/technology-errors-omissions/california)
- [Colorado](/coverage/technology-errors-omissions/colorado)
- [Connecticut](/coverage/technology-errors-omissions/connecticut)
- [Delaware](/coverage/technology-errors-omissions/delaware)
- [District of Columbia](/coverage/technology-errors-omissions/district-of-columbia)
- [Florida](/coverage/technology-errors-omissions/florida)
- [Georgia](/coverage/technology-errors-omissions/georgia)
- [Hawaii](/coverage/technology-errors-omissions/hawaii)
- [Idaho](/coverage/technology-errors-omissions/idaho)
- [Illinois](/coverage/technology-errors-omissions/illinois)
- [Indiana](/coverage/technology-errors-omissions/indiana)
- [Iowa](/coverage/technology-errors-omissions/iowa)
- [Kansas](/coverage/technology-errors-omissions/kansas)
- [Kentucky](/coverage/technology-errors-omissions/kentucky)
- [Louisiana](/coverage/technology-errors-omissions/louisiana)
- [Maine](/coverage/technology-errors-omissions/maine)
- [Maryland](/coverage/technology-errors-omissions/maryland)
- [Massachusetts](/coverage/technology-errors-omissions/massachusetts)
- [Michigan](/coverage/technology-errors-omissions/michigan)
- [Minnesota](/coverage/technology-errors-omissions/minnesota)
- [Missouri](/coverage/technology-errors-omissions/missouri)
- [Montana](/coverage/technology-errors-omissions/montana)
- [Nebraska](/coverage/technology-errors-omissions/nebraska)
- [Nevada](/coverage/technology-errors-omissions/nevada)
- [New Hampshire](/coverage/technology-errors-omissions/new-hampshire)
- [New Jersey](/coverage/technology-errors-omissions/new-jersey)
- [New York](/coverage/technology-errors-omissions/new-york)
- [North Carolina](/coverage/technology-errors-omissions/north-carolina)
- [Ohio](/coverage/technology-errors-omissions/ohio)
- [Oklahoma](/coverage/technology-errors-omissions/oklahoma)
- [Oregon](/coverage/technology-errors-omissions/oregon)
- [Pennsylvania](/coverage/technology-errors-omissions/pennsylvania)
- [Rhode Island](/coverage/technology-errors-omissions/rhode-island)
- [South Carolina](/coverage/technology-errors-omissions/south-carolina)
- [South Dakota](/coverage/technology-errors-omissions/south-dakota)
- [Texas](/coverage/technology-errors-omissions/texas)
- [Utah](/coverage/technology-errors-omissions/utah)
- [Vermont](/coverage/technology-errors-omissions/vermont)
- [Virginia](/coverage/technology-errors-omissions/virginia)
- [Washington](/coverage/technology-errors-omissions/washington)
- [West Virginia](/coverage/technology-errors-omissions/west-virginia)
- [Wisconsin](/coverage/technology-errors-omissions/wisconsin)
- [Wyoming](/coverage/technology-errors-omissions/wyoming)

[Other Coverage in North Dakota](/coverage/states/north-dakota)

## Sources

[^1]: [N.D. Cent. Code §§ 28-01-15 and 28-01-16, Limitations](https://ndlegis.gov/cencode/t28c01.pdf) — North Dakota Legislative Branch; Six years for a contract, subject to the ten-year real-property instruments in section 28-01-15 and to section 41-02-104; fraud accrues on discovery. Accessed 2026-09-29.
[^2]: [N.D. Cent. Code ch. 9-08, Unlawful and voidable contracts](https://ndlegis.gov/cencode/t09c08.pdf) — North Dakota Legislative Branch; Sections 9-08-02, 9-08-04, and 9-08-05: exemptions for one’s own fraud or legal violation, preset damages, and shortened enforcement time. Accessed 2026-09-29.
[^3]: [North Dakota Insurance Department](https://www.insurance.nd.gov/) — North Dakota Insurance Department; Official department homepage; identifies regulation of insurance and consumer/business assistance.. Accessed 2026-09-28.
[^4]: [Print License / Search for an Agent](https://www.insurance.nd.gov/producers/print-license) — 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.
[^5]: [Complaints](https://www.insurance.nd.gov/consumers/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.
[^6]: [Surplus Lines](https://www.insurance.nd.gov/producers/other-licenses/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.
[^7]: [N.D.C.C. Chapter 26.1-44, Surplus Lines Insurance](https://ndlegis.gov/cencode/t26-1c44.html) — 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.
[^8]: [Surplus Lines](https://www.insurance.nd.gov/producers/other-licenses/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.
[^9]: [Licenses](https://www.at-bay.com/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](https://www.coalitioninc.com/legal/licenses) — 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](https://www.corgi.insure/broker-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](https://www.hiscox.com/about-hiscox-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](https://www.nextinsurance.com/insurance-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]: [Insurance Licenses by State](https://www.techinsurance.com/legal/licenses) — 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.
[^15]: [Licenses](https://www.vouch.us/legal/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 2026-09-29.

This guide is informational and does not determine whether a policy is available or meets your needs. [Editorial policy](/editorial-policy). To suggest a correction, [contact Spot](/contact) with a supporting source.

## Agent and Developer Resources

- [Markdown page](https://spot.insure/coverage/technology-errors-omissions/north-dakota.md)
- [Developer resources](https://spot.insure/developers)
- [Public MCP server](https://spot.insure/mcp)
- [MCP server manifest](https://spot.insure/server.json)
- [OpenAPI description](https://spot.insure/openapi.json)
- [Public page index](https://spot.insure/llms.txt)