Does Tech E&O Cover Intellectual Property Claims?
Sometimes: technology products may offer IP coverage or an endorsement, while other E&O forms exclude infringement claims.
IP protection is not uniform across professional E&O. The sample Hiscox form excludes copyright, trademark, patent, and trade-secret claims, while The Hartford lists intellectual-property liability among features of its technology product. Coalition describes certain copyright or licensed-code allegations as possible Tech E&O claims. Each statement is bounded to its cited form or product. Review the exact IP exclusion and any affirmative coverage or buyback, including defense costs, whose IP is covered, and whether open-source code, patents, trade secrets, advertising, or media content are treated differently. Check prior knowledge and contractual indemnity terms. Do not rely on “technology E&O” alone to establish IP coverage.
This matters for firms licensing code or using customer materials. Ask about defense, settlements, territory, prior knowledge, and separate restrictions for open-source or patent allegations.
Request the relevant endorsement text and its exclusions before representing to a customer that the proposed policy satisfies an IP indemnity.
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.
