What Technology E&O Insurance Requirements Apply in Virginia?

Code of Virginia §59.1-508.3 lets a computer-information agreement limit or alter damages, including by cutting off cancellation, limiting the remedy to return of copies and repayment of the fee, or limiting it to repair or replacement. Resort to that remedy is optional unless the contract expressly makes it exclusive. Consequential damages may be limited unless the limit is unconscionable, but a limit on consequential damages for personal injury in a consumer contract for a computer program contained in consumer goods is prima facie unconscionable, while a commercial-loss limit is not. Separately, §8.01-38.1 provides that the total punitive-damages award shall not exceed $350,000, the jury is not told, and the judge reduces a larger verdict. Compare the contract cap, the $350,000 punitive judgment cap, and the E&O form’s own punitive exclusion as three different numbers.

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 Virginia?

Exclusivity has to be express
Subsection (a)(2) says resort to a contractual remedy is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy. A repair clause that does not say it is exclusive does not, under that sentence, wipe out the chapter’s other remedies. If it is exclusive and then fails of its essential purpose, subsection (b) lets the aggrieved party pursue other remedies under the chapter, subject to subsection (c). ¹
A failed exclusive remedy can revive consequential damages
Subsection (c) says failure or unconscionability of an agreed exclusive or limited remedy makes a term disclaiming consequential or incidental damages unenforceable unless the agreement expressly makes that disclaimer independent of the agreed remedy. When you review a Virginia technology contract, look for the word independent. If it is missing, a broken repair remedy can take the consequential-damages waiver with it. ¹
The judge reduces punitive damages to $350,000
Section 8.01-38.1 caps the total amount awarded for punitive damages at $350,000. The jury shall not be advised of the limitation. If the jury returns more, the judge reduces the award and enters judgment for the maximum. That judgment cap does not insert punitive coverage into an E&O policy that excludes it, and a contract waiver of consequential damages does not change this punitive statute. ²

Which Tech E&O Insurance Providers Have Virginia 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 Virginia. 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. ⁸
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. ⁹
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. ¹⁰
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. ¹³
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. ¹⁴
Vouch lists technology errors and omissions among the core coverages in its technology-company programs.

Who Regulates Insurance in Virginia?

Virginia State Corporation Commission, Bureau of Insurance

The Virginia State Corporation Commission, Bureau of Insurance administers Virginia insurance laws, oversees insurers and insurance producers within its authority, and provides regulatory and consumer resources. You can use the department's complaint process to raise an insurance issue and its licensing resources to check insurance professionals. ^3,^4,⁵

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint

Surplus-Lines Tax and Stamping Office in Virginia

Reported tax rate. 2.25% of premium plus up to 0.1% Bureau Special Fund assessment ^6,⁷

The NAIC's state chart lists a 2.25% of premium plus up to 0.1% Bureau Special Fund assessment charge for surplus-lines coverage for Virginia (the chart's state entries were reviewed in October 2025). Your broker may collect the applicable amount with the premium. Surplus-lines insurers are not licensed in the state and generally are outside state guaranty-association protection; ask your broker to explain the insurer's financial protections and any diligent-search requirement that applies to your placement.

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

Does the agreement expressly make the repair or refund remedy exclusive, and does it make any consequential-damages disclaimer independent of that remedy?
Is the transaction a consumer contract for a computer program contained in consumer goods?
Does the E&O form cover punitive damages that §8.01-38.1 reduces to a $350,000 judgment?

Tech E&O Insurance in Virginia: Frequently Asked Questions

Is a commercial consequential-damages limit unconscionable under Virginia’s computer-information statute?

Section 59.1-508.3(d) says exclusion of damages for a commercial loss is not unconscionable. Exclusion of consequential damages for personal injury in a consumer contract for a computer program contained in consumer goods is prima facie unconscionable. ¹

What happens if a Virginia jury awards more than $350,000 in punitive damages?

Section 8.01-38.1 says the total punitive award shall not exceed $350,000. The jury is not told the limit, and the judge reduces a larger verdict to that amount. ²

Sources for Tech E&O Insurance in Virginia

1
Va. Code §59.1-508.3, Contractual modification of remedy. Virginia Legislative Information System; 2000, cc. 101, 996: UCITA limits on remedies and the consumer computer-program consequential-damages rule. Accessed 2026-09-29.
2
Va. Code §8.01-38.1, Limitation on punitive damages. Virginia Legislative Information System; Total punitive damages shall not exceed $350,000; the jury is not advised; the judge reduces a larger verdict. Accessed 2026-09-29.
3
Virginia State Corporation Commission, Bureau of Insurance. Virginia State Corporation Commission, Bureau of Insurance; Official regulator website; insurance oversight and consumer/professional resources. Accessed 2026-09-28.
4
Insurance Department Directory. National Association of Insurance Commissioners; Virginia State Corporation Commission, Bureau of Insurance entry; official contact and website listing. Accessed 2026-09-28.
5
Licensing Center. National Insurance Producer Registry; State producer licensing and lookup resources. Accessed 2026-09-28.
6
Surplus Lines Insurance Premium Taxes. National Association of Insurance Commissioners; VA row; state surplus-lines premium-tax rate reviewed October 2025. Accessed 2026-09-28.
7
Guaranty Associations & Funds. National Association of Insurance Commissioners; Coverage of claims from insolvencies of insurers licensed in a state; surplus-lines insurers are nonadmitted. 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.

What Technology E&O Insurance Requirements Apply in Virginia?

What Is Tech E&O Insurance?

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

Exclusivity has to be express

A failed exclusive remedy can revive consequential damages

The judge reduces punitive damages to $350,000

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

At-Bay

Coalition

Corgi

TechInsurance

Vouch