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Top 8 Tech Company Errors & Omissions Claims

SAHOURI
Author
SAHOURI
Published
November 18, 2024

Errors and omissions (E&O) insurance for tech companies is more than a shield against costly claims from errors, omissions, or contract disputes; it is also a source of financial security. This coverage provides essential protection by covering legal fees, settlements, and damages, allowing companies to focus on innovation without the constant worry of financial setbacks.

This report sheds light on the most important tech E&O claims so that you can avoid the minefields that this coverage saves you from. You'll gain insights into the most common E&O claims tech companies face and why robust insurance safeguards are crucial in planning for the longevity and success of your tech company.

What You Will Learn

8 Types of Costly Errors & Omissions Claims

When you consider massive blunders by tech giants, it’s easy to understand why technology companies of all sizes commonly face various high-risk claim situations. Here's a closer look at the most frequent ones and how they impact businesses.

1. Breach of Contract 

Contracts are the backbone of business relationships, especially in tech. A breach of contract claim can arise when a company fails to deliver on agreed terms — such as by missing deadlines or failing to meet performance benchmarks. These claims often lead to significant legal battles, with costs mounting quickly.

2. Breach of Warranty

A breach of warranty occurs when a tech product or service does not meet promised standards or fails under warranty terms. For instance, software that crashes during critical use can trigger claims if performance guarantees are part of the contract.

3. Negligence

Negligence in tech can stem from design, security, or performance testing oversight and harm a client's business. An example is when an IT hosting error leads to system downtime, costing the client revenue and causing reputational harm. There are numerous possibilities for other negligence claims, and they are costly.

4. Copyright Infringement

Using third-party code, imagery, or intellectual property without proper licensing or permission can result in copyright infringement claims. Such cases have led to millions in settlements, and tech companies often face these claims if they fail to secure all necessary rights.

5. Fraud

Fraud claims arise when a company knowingly misleads clients about a product or service's capabilities. Overstating security features or promising unrealistic results can lead to expensive legal actions for fraud.

6. Misrepresentation

Misrepresentation claims occur when a company conceals important details or inflates product expectations. Clients who rely on these misrepresentations to make purchase decisions may seek damages when reality falls short of promises.

7. Defamation

Negative comments or public statements that harm another party's reputation can lead to defamation claims. Even an offhand press release or blog remark can open the door to this claim in the tech world.

8. Cyber Crime

With increasing cyber threats, tech companies are frequently held liable when data breaches or security lapses expose client data. Cybercrime claims are costly and may involve multiple stakeholders, regulatory fines, and third-party claims.

How E&O Insurance Protects Tech Companies

E&O insurance provides critical coverage for tech companies against these costly claims by:

  • Covering legal fees, settlements, and awarded damages
  • Shielding companies from bankruptcy following large claims
  • Protecting reputation by managing and mitigating risks

When a tech company faces a significant claim, E&O insurance ensures that resources are available to handle legal proceedings and settlements without severely damaging the business financially. Without this coverage, a single claim could lead to bankruptcy, a tarnished reputation, and even business closure.

Additional Coverage Needs: D&O and Cyber Insurance

E&O insurance is a solid first step, but additional coverage can help protect all areas of a tech business:

  • Directors and officers (D&O) insurance: This coverage protects executives from claims related to decisions made on behalf of the company, often covering legal fees and settlements. Standalone D&O coverage is essential for tech companies, as executives frequently make decisions with potentially high-stakes liabilities.
  • Cyber insurance: This insurance covers losses related to data breaches, ransomware, and other cyber incidents. Cyber insurance often complements E&O insurance for tech companies, which are highly vulnerable to cyber threats that could result in both E&O and cyber claims.
  • Miscellaneous professional liability (MPL) insurance: MPL covers a broader range of professional services. Companies that provide technology and consulting services may benefit from both tech E&O and MPL coverages, as there is a growing trend for overlapping litigation where contested claims pose potentially devastating losses.

Safeguard Your Operations With E&O Insurance for Tech Companies

For tech companies, E&O insurance is a vital component of risk management. By safeguarding against common claims, E&O insurance helps ensure your business can operate smoothly, even under challenging circumstances.

At Sahouri Insurance, we take a consultative approach to understanding each company’s unique risks and tailoring policies that provide full coverage. Our experienced advocates guide you through options like D&O and cyber insurance add-ons and offer proactive support to safeguard your business comprehensively.

Don’t wait to prepare for a crisis — contact Sahouri Insurance for a personalized consultation. Our goal is to protect your business from threats and help you make decisions and take actions that avoid claims. This consultative approach empowers you to operate confidently, reduce risks, and maintain a strong foundation for long-term success.

SAHOURI
SAHOURI
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