Does Professional Liability Cover Copyright Infringement?
It depends: some technology E&O products describe IP coverage, while a sample miscellaneous E&O form excludes copyright claims.
Copyright exposure is highly form-dependent. The sample Hiscox professional E&O wording excludes copyright and several other intellectual-property claims. By contrast, The Hartford describes intellectual-property liability as a feature of its FailSafe technology E&O product, and Coalition lists certain copyright or licensed-code claims as possible claim scenarios. Those statements describe specific insurer offerings; they do not establish a standard inclusion. Review the policy’s IP exclusion and any buyback or endorsement, including whether it covers defense costs, alleged infringement by software code, open-source components, media content, or only specified services. Check prior-acts, knowledge, and territory restrictions. If a client contract requires IP indemnity, compare that promise with the actual grant and exclusions.
A quote advertising IP coverage may limit it to one allegation or service. Ask whether defense begins at the claim stage and whether intentional infringement or prior knowledge is excluded.
Related Coverage
Sources
- Professional Liability – US Direct Errors and Omissions Insurance. Hiscox Inc. specimen; About this Policy / Coverage for Claims Made Against You; I.A Insuring Agreement; I.B Defense; I.C Settlement; II.A Notice of Claims; II.C Optional Extended Reporting Period; III.A, III.K, III.M, III.R, III.S Exclusions; IV.A–B Limits and Deductible; VI.O Professional Services; VI.U Wrongful Act. Accessed 2026-09-25.
- Technology Errors and Omissions Insurance. The Hartford; What Is Technology Errors and Omissions Insurance?; Coverage; Works With Contracts; Types of Companies That Need Tech E&O Insurance. Accessed 2026-09-25.
- How to add Tech E&O coverage to a Coalition quote. Coalition North American Servicing; Opening paragraph; Steps 1–2 (Tech E&O offered as optional endorsement to Coalition cyber coverage). Accessed 2026-09-25.
