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Technology E&O Insurance in West Virginia

West Virginia Code §55-2-6 gives ten years for an action upon a contract in writing under seal, and ten years for an action upon an award or upon a contract in writing signed by the party to be charged or by that party’s agent, even if it is not under seal. Any other contract, express or implied, is five years, unless it is a partnership settlement or a merchant’s account of the kind the section describes, in which case the five years run from a cessation of the dealings. Section 55-7-13c makes liability for compensatory damages several only. The court enters a separate judgment against each defendant for that defendant’s percentage. Joint liability is reserved for defendants who consciously conspire and deliberately pursue a common plan, and those defendants have contribution rights against each other. A signed technology contract uses the ten-year writing period. A negligence injury uses several liability unless the conspiracy path is proved. 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 West Virginia

  • An unsigned scope change can drop from ten years to five

    The ten-year period for a writing that is not under seal requires a contract in writing signed by the party to be charged or by that party’s agent. A sealed writing is also ten years. An express or implied contract that is not that signed or sealed writing is five years. A statement of work the customer never signed may be the five-year contract. A click-through or a signed master agreement is a different question for counsel. The section also starts with a ten-year period for certain actions on a recognizance or bond of a fiduciary or public officer, which is not a technology services contract. 1

  • Partnership and merchant accounts run five years from the end of the dealings

    The five-year residual period has an exception for an action by one party against a copartner for a settlement of the partnership accounts, and for accounts concerning the trade of merchandise between merchant and merchant, their factors or servants, where the action of account would lie. In those cases the action may be brought until five years from a cessation of the dealings in which they are interested together, but not after. A technology joint venture that is actually a partnership account uses that cessation date. An ordinary vendor-customer invoice does not. 1

  • Each defendant gets a separate compensatory judgment unless they pursued a common plan

    Section 55-7-13c(a) makes compensatory damages several only and requires a separate judgment for each defendant’s allocated percentage. Joint liability is available when defendants consciously conspire and deliberately pursue a common plan or design to commit a tortious act or omission. A defendant held on that joint basis has a right of contribution from the other concert defendants. A failed implementation pleaded as ordinary negligence is the several path. A pleaded conspiracy is the joint path. 2

Who Regulates Insurance in West Virginia

West Virginia Offices of the Insurance Commissioner

The West Virginia Offices of the Insurance Commissioner administers West 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

Surplus-lines tax and stamping office

Reported tax rate: 4% of premium plus 0.55% surcharge The NAIC's state chart lists a 4% of premium plus 0.55% surcharge charge for surplus-lines coverage for West 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. 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 West Virginia. 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 West Virginia

  1. Is the technology contract a signed or sealed writing under §55-2-6, or some other contract with a five-year period?
  2. Are the parties partners or merchants whose accounts run from a cessation of dealings?
  3. Is compensatory liability several under §55-7-13c, or did the defendants consciously pursue a common plan?

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

How long is a signed written-contract claim in West Virginia? 1

Section 55-2-6 gives ten years for a contract in writing signed by the party to be charged or by that party’s agent, whether or not under seal, and ten years for a contract in writing under seal. Any other contract, express or implied, is five years, aside from the partnership and merchant-account timing the section states. 1

Can one West Virginia defendant be made to pay the whole compensatory award? 2

Section 55-7-13c makes compensatory damages several only and enters a separate judgment for each defendant’s percentage. Joint liability, with contribution among those defendants, is for a conscious conspiracy and a deliberate common plan. 2

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

Other Coverage in West Virginia

Sources

  1. W. Va. Code § 55-2-6, Actions on an award or contract. West Virginia Legislature; Ten years for a signed or sealed writing; five years for any other contract, with the partnership and merchant-account rule. Accessed 2026-09-29.
  2. W. Va. Code § 55-7-13c, Several liability. West Virginia Legislature; Compensatory damages are several only, with joint liability for a conscious common plan and contribution among those defendants. Accessed 2026-09-29.
  3. West Virginia Offices of the Insurance Commissioner. West Virginia Offices of the Insurance Commissioner; Official regulator website; insurance oversight and consumer/professional resources. Accessed 2026-09-28.
  4. Insurance Department Directory. National Association of Insurance Commissioners; West Virginia Offices of the Insurance Commissioner entry; official contact and website listing. Accessed 2026-09-28.
  5. Surplus Lines Insurance Premium Taxes. National Association of Insurance Commissioners; WV row; state surplus-lines premium-tax rate reviewed October 2025. Accessed 2026-09-28.
  6. 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.
  7. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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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