Tech E&O vs Product Liability: Which Applies to Software?
Tech E&O is marketed for claims about technology products or services; product liability usually concerns injury or property damage arising from goods.
Software can create questions about both service performance and product-related harm. The Hartford describes its technology E&O around errors, omissions, negligence, and product failures, while California DOI lists products and completed operations among CGL liability forms. These summaries do not settle how a policy classifies software, embedded code, connected devices, or resulting bodily injury. Check the quote’s definitions for technology product, professional services, product, bodily injury, and property damage. Ask whether software failure causing only financial loss is included, and how the policy treats physical injury or damage caused by a connected product. Review technology, electronic-data, products, and professional-services exclusions across both policies.
For connected hardware or embedded code, describe the digital service and physical product separately. A consulting-only classification may not describe manufacturing, distribution, or bodily-injury exposures.
Also confirm whether completed operations and claims for failed performance are handled by separate provisions or endorsements on the proposed forms.
Related Coverage
Sources
- Professional liability insurance. Insurance Information Institute; Opening paragraphs (professional services/advice and E&O name); Claims not covered by general liability; What types of businesses need professional liability insurance?; What’s covered… and what’s not (claims-made versus occurrence, defense and judgments, non-financial/intentional limits, BOP/in-home exclusion). Accessed 2026-09-25.
- Lines of Insurance. California Department of Insurance; Professional Liability Insurance paragraph (profession examples; wrongful acts; Errors & Omissions Insurance; Malpractice Insurance); Commercial General Liability five forms including products and completed operations. 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.
